What are the elements of a wrongful foreclosure cause of action?

California, United States of America


The following excerpt is from Sporn v. JPMorgan Chase Bank, N.A., G047501 (Cal. App. 2014):

None of these allegations suffices to support a cause of action for wrongful foreclosure. Preliminarily, plaintiff has not alleged there has been a sale of the Property, generally an element of a wrongful foreclosure cause of action. (Chavez v. Indymac Mortgage Services (2013) 219 Cal.App.4th 1052, 1062 [elements of wrongful foreclosure cause of action are illegal or fraudulent sale of property pursuant to deed of trust, harm to plaintiff, and plaintiff's tender of debt amount or excuse therefrom].)

Other Questions


What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Does the anti-SLAPP statute apply to claims of wrongful foreclosure arising from actions taken in a non-judicial foreclosure proceeding? (California, United States of America)
What is the cause of action for wrongful foreclosure? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Is there a valid cause of action for wrongful foreclosure where the beneficiary of the loan was not the beneficiary? (California, United States of America)
What are the elements of a wrongful death cause of action? (California, United States of America)
What are the causes of action against Provident Insurance for wrongful foreclosure? (California, United States of America)
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What is the test for standing in a wrongful foreclosure action? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.