Biancalana v. T.D. Service Co.

Opinion

LIU, J.

We granted review to decide whether a trustee may declare void a nonjudicial foreclosure sale of real property when, before the trustee delivers a deed to the highest bidder, the trustee discovers it had mistakenly communicated to the auctioneer an incorrect opening bid by the lender that was less than 10 percent of the actual amount of the bid. As explained below, we conclude that under the circumstances here, the trustee acted within its discretionary authority in declaring the sale void.

I

Plaintiff David Biancalana filed an action to quiet title to a parcel of real property…