Court Cases
October 19, 2010
TRUSTEE'S SALE
Malkoskie v. Option One Mortgage (PDF)
After plaintiff stipulated to a judgment in an unlawful detainer action, she could not challenge the validity of the trustee's sale in a subsequent action because the subsequent action is barred by collateral estoppel. Because the action was barred, the court did not reach the question of the validity of the trustee's sale based on the substitution of trustee being recorded after trustee's sale proceedings had commenced and based on assignments of the deed of trust into the foreclosing beneficiary being recorded after the trustee's deed.
Cal.App. 2nd Dist. (B221470) 9/23/10
