Legal Opinion

Jones v. First American Title Insurance

California Court of Appeal

Decided April 23, 2003No. B137593PublishedCited by 12 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

Civil Code section 2934a, subdivision (a)(4) 1 provides that the beneficiary of a deed of trust may replace the appointed trustee simply by recording a substitution, and that “the new trustee shall succeed to all the powers, duties, authority, and title granted and delegated to the trustee named in the deed of trust.” We conclude that under the circumstances here reformation may validate a foreclosure sale under section 2934a 2 when a former trustee mistakenly conducts the sale after a new trustee has been substituted.

Facts and Procedural History

The Loan and Deed of Trust

I…

2Cases cited8 opinions

  1. Strang v. CabrolCalifornia Supreme Court · 1984
  2. Dimock v. Emerald Properties LLCCalifornia Court of Appeal · 2000
  3. People v. AnzaloneCalifornia Supreme Court · 1999
  4. Contra Costa Water District v. Bar-C PropertiesCalifornia Court of Appeal · 1992
  5. Dreyfuss v. Union Bank of CaliforniaCalifornia Supreme Court · 2000

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Jolley v. Chase Home Finance, LLCCalifornia Court of Appeal · 2013
  2. Jensen v. Quality Loan Service Corp.District Court, E.D. California · 2010
  3. Jones v. Union Bank of CaliforniaCalifornia Court of Appeal · 2005
  4. Heritage Oaks Partners v. First American Title InsuranceCalifornia Court of Appeal · 2007
  5. Komorsky v. Farmers Ins. Exch., California Court of Appeal, 5th District2019

7 more not listed; retrieve them via the Exa API.

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