Tuesday, October 16, 2018
Turner v. Seterus, Inc.
Cal.App. 3rd Dist. (C079613) 9/24/18
The court held that tender of the full amount of the debt was not necessary to state a cause of action for wrongful foreclosure where the lender had wrongfully refused a timely tender of the amount necessary to reinstate the loan, rendering the subsequent sale void. Also, actual payment of the amount to reinstate the loan was not necessary where the borrower offered payment and the lender told the borrower that payment would not be accepted. Accordingly, payment was effectively tendered. The case also discusses the fact that the borrower acquired title before marriage and the loan was in her name alone. The court points out that the husband was an interested party because, while the property was the wife's separate property, loan payments had been made with community property funds, giving the community an interest in the property.