Legal Opinion

Melendrez v. D & I INVESTMENT, INC.

California Court of Appeal

Decided March 29, 2005No. H027098PublishedCited by 45 opinions

1Opinion of the Court

Opinion

PREMO, J.

Miguel and Maria Melendrez (Borrowers) lost their Watson-ville home through a nonjudicial foreclosure sale in July 2001, approximately eight months after their loan default. The residence was purchased by a third party, defendant Royal Realty (Buyer). Borrowers thereafter sued to set aside the trustee’s sale and to cancel the trustee’s deed. They claimed that the sale was in violation of a repayment agreement (which included a conditional agreement to postpone the sale) with their lender, Washington Mutual Bank, N.A. (Lender), and thus violated Civil Code section 2924g,…

2Cases cited35 opinions

  1. Alliance Mortgage Co. v. RothwellCalifornia Supreme Court · 1995
  2. Moeller v. Chun-Yen LienCalifornia Court of Appeal · 1994
  3. Nguyen v. CalhounCalifornia Court of Appeal · 2003
  4. Caito v. United California BankCalifornia Supreme Court · 1978
  5. Knapp v. DohertyCalifornia Court of Appeal · 2004

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3Cited by45 opinions

  1. Lona v. Citibank, N.A.California Court of Appeal · 2011
  2. Fontenot v. Wells Fargo Bank, N.A.California Court of Appeal · 2011
  3. Mabry v. Superior CourtCalifornia Court of Appeal · 2010
  4. Herrera v. Federal National Mortgage Ass'nCalifornia Court of Appeal · 2012
  5. Debrunner v. Deutsche Bank National Trust Co.California Court of Appeal · 2012

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