California, United States of America
The following excerpt is from Ameri v. JP Morgan Chase Bank, N.A., D060593 (Cal. App. 2013):
hints that noncompliance with the statute would cause any cloud on title after an otherwise properly conducted foreclosure sale. We would merely note that under the plain language of [Civil Code] section 2923.5, read in conjunction with [Civil Code] section 2924g, the only remedy provided is a postponement of the sale before it happens." (Mabry v. Superior Court (2010) 185 Cal.App.4th 208, 235.)
Another reason the cause of action for wrongful foreclosure fails is that, as a general rule, a plaintiff may not challenge the propriety of a foreclosure on his or her property without offering to repay what he or she borrowed against the property. (Karlsen v. American Sav. & Loan Assn. (1971) 15 Cal.App.3d 112, 117.) Ameri did not satisfy the tender rule.
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