Tuesday, November 19, 2019
MTC Financial v. California Department of Tax and Fee Administration
Cal.App. 4th Dist., Div. 3 (G056234) 10/31/19
Plaintiff and defendant claimed priority as to proceeds deposited into court after a foreclosure sale. The court held that defendant was entitled to priority. Plaintiff's deed of trust was void because the legal description was insufficient in that it referred to the wrong lot and page number. While the deed of trust also referred to the assessor's parcel number, there was no evidence that the number was the correct assessor's parcel number. The court rejected plaintiff's argument that defendant was not a bona fide purchaser and that recordation is not essential to the validity of a recorded document.