Does the tender rule apply in real estate transactions?

California, United States of America


The following excerpt is from Hetrick v. Deutsche Bank Nat'l Trust Co., F067675 (Cal. App. 2014):

16. "Recognized exceptions to the tender rule include when (1) the underlying debt is void, (2) the foreclosure sale or trustee's deed is void on its face, (3) a counterclaim offsets the amount due, (4) specific circumstances make it inequitable to enforce the debt against the party challenging the sale, or (5) the foreclosure sale has not yet occurred." (Chavez v. IndyMac Mortgage Services, supra, 219 Cal.App.4th at p. 1062.) No such exceptions were asserted here, and none are apparent.

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