Court Cases
July 17, 2012
TRUSTEE'S SALES
Skov v. U.S. Bank National Association (PDF)
The trial court sustained defendant's demurrer to a complaint asserting that defendant failed to comply with Civil Code Section 2923.5 (which requires that before recording a notice of default, a lender must contact the borrower to "explore" options for for avoiding foreclosure). The appellate court reversed, holding that:
- A court can take judicial notice of the fact that a Notice of Default has been recorded with an attached declaration asserting compliance with CC 2923.5. But whether the lender actually complied with CC 2923.5 is a question of fact that cannot be resolved on demurrer.
- A private cause of action exists to enjoin a trustee's sale for a violation of CC 2923.5.
- CC 2923.5 is not preempted by the National Bank Act (12 U.S.C. 21, et seq.).
Cal.App. 6th Dist. (H036483) 6/8/12 (Partial Pub. Order 7/3/12)
