Foreclosure Sale Extension Applies to HOA Sale

Bird Rock Home Mortgage, LLC v. Breaking Ground, LP  (2005) 114 Cal.App.5th 492

The Court of Appeal affirmed the trial court’s ruling that the statutory extension period for a trustee’s sale of property containing one to four residential units applied to a sale to collect unpaid homeowners’ association (HOA) assessments.
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The Court of Appeal held that the extension period applied because the trustee’s sale was conducted under a power of sale contained in a mortgage because the lien for unpaid HOA assessments authorized by the declaration qualified as a mortgage because it came within the definitions of “mortgage” in the nonjudicial foreclosure statutes.