What is the effect of noncompliance with section 2923.5 of the California Civil Code with respect to wrongful foreclosure?

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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