Legal Opinion

Residential Capital, LLC v. CAL-WESTERNRE CONVEYANCE CORP.

California Court of Appeal

Decided May 14, 2003No. D039894PublishedCited by 36 opinions

1Opinion of the Court

Opinion

HUFFMAN, Acting P. J.

This action arises out of a nonjudicial foreclosure sale conducted under the power of sale in a trust deed encumbering residential real property (property). Plaintiff Residential Capital, LLC (Residential Capital), submitted the high bid at the sale. However, defendant Cal-Westem Reconveyance Corporation (Cal-Westem), the trastee under the trust deed, did not deliver to Residential Capital a trustee’s deed to the property because it learned after the bidding that the trustor (Arvizus) and the beneficiary (Bank One) under the trust deed had agreed to postpone the…

2Cases cited15 opinions

  1. Buss v. Superior CourtCalifornia Supreme Court · 1997
  2. Moeller v. Chun-Yen LienCalifornia Court of Appeal · 1994
  3. Tsemetzin v. Coast Federal Savings & Loan Ass'nCalifornia Court of Appeal · 1997
  4. Wilson v. Century 21 Great Western RealtyCalifornia Court of Appeal · 1993
  5. Byrum v. BrandCalifornia Court of Appeal · 1990

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3Cited by36 opinions

  1. Apollo Capital Fund, LLC v. Roth Capital Partners, LLCCalifornia Court of Appeal · 2007
  2. Knapp v. DohertyCalifornia Court of Appeal · 2004
  3. Melendrez v. D & I INVESTMENT, INC.California Court of Appeal · 2005
  4. Biancalana v. T.D. Service Co.California Supreme Court · 2013
  5. Pfeifer v. Countrywide Home Loans, Inc.California Court of Appeal · 2012

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