What is the test for an action to set aside a trustee's sale for irregularities in the sale notice or procedure?
MultiRegion, United States of America
The following excerpt is from Macayan v. Rushmore Loan Mgmt. Servs., No. 2:15-cv-1119 TLN CKD PS (E.D. Cal. 2015):
Finally, plaintiffs fail to demonstrate a valid, unconditional tender of the sums owing under the loan. The absence of a valid tender is fatal to plaintiffs' claim of wrongful foreclosure. See Karlsen v. American Sav. & Loan Assn., 15 Cal. App. 3d 112, 117 (1971) (action to set aside trustee's sale for irregularities in sale notice or procedure should be accompanied to offer to pay full amount of debt for which property was security).
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