Homestead Savings v. Darmiento

Opinion

TURNER, P. J.

I. Introduction

Plaintiff, Homestead Savings, appeals from a summary judgment entered against it and in favor of defendant, Frank Darmiento (Darmiento). Plaintiff contends that the application of Civil Code section 2924 1 violated its due process rights under federal and state law 2 because the section provides that a bona fide purchaser for value at a trustee’s sale conducted as part of a nonjudicial foreclosure under a trust deed is entitled to a conclusive presumption as to a trustee’s compliance with statutory notice requirements. We conclude that plaintiff’s due…