Anderson v. Heart Federal Savings & Loan Ass'n
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
BLEASE, J.
In the published portion of this opinion 1 we hold that the exercise of a power of sale in a deed of trust may not be predicated upon breaches in the payment of secured obligations which are listed in the notice of default as conditioned by “if any.” These contingent assertions fail to state that a default “has occurred,” as required by Civil Code section 2924, 2 and the beneficiary cannot insist that such equivocal “defaults” be cured as a condition of avoiding a foreclosure sale.
Defendants were granted a summary judgment on the theory that plaintiff (Anderson) failed to…
2Cases cited11 opinions
- Andalon v. Superior CourtCalifornia Court of Appeal · 1984
- Munger v. MooreCalifornia Court of Appeal · 1970
- Sargent v. ShumakerCalifornia Supreme Court · 1924
- Bisno v. SaxCalifornia Court of Appeal · 1959
- System Investment Corp. v. Union BankCalifornia Court of Appeal · 1971
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3Cited by22 opinions
- Lona v. Citibank, N.A.California Court of Appeal · 2011
- Tome v. Baer (In Re Tome)United States Bankruptcy Court, C.D. California · 1990
- Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, California Court of Appeal, 5th District2017
- Mann v. Alexander Dawson Inc. (In re Mann)Court of Appeals for the Ninth Circuit · 1990
- Mui Ung v. KoehlerCalifornia Court of Appeal · 2005
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