If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party?

California, United States of America


The following excerpt is from Alliance Mortgage Co. v. Rothwell, 28 Cal.App.4th 1764, 34 Cal.Rptr.2d 700 (Cal. App. 1994):

If the full credit bid rule is extended to bar fraud actions against third parties, appellant will be precluded from proving its actual loss due to the fiction the rule indulges that the lender sustained no actual loss. If there is no such loss, there is no action for fraud and therefore no right to the punitive damages that might otherwise lie. (See Sumitomo Bank v. Taurus Developers, Inc., supra, 185 Cal.App.3d at p. 221, fn. 4, 229 Cal.Rptr.

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