What is the test for foreclosure under Section 726 of the California Real Property Act?

California, United States of America


The following excerpt is from HSBC Bank v. Wood, 2d Civil No. B266405 (Cal. App. 2016):

Section 726, subdivision (a) provides in part: "There can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property . . . which action shall be in accordance with the provisions of this chapter." The one form of action is foreclosure. (Brown v. Jensen (1953) 41 Cal.2d 193, 195.)

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