Does the tender rule apply when a deed of trust is invalid?
California, United States of America
The following excerpt is from Ochoa v. Ndex W. LLC., B246702 (Cal. App. 2014):
Appellant contends the tender rule is inapplicable because the sale was void. A borrower is not required to assert tender when a deed of trust is void on its face. (Shuster v. BAC Home Loans Servicing, LP, supra, 211 Cal.App.4th at p. 512.) Indeed, appellant's entire complaint is based on his theory that the deed of trust is invalid because
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