Angell v. Superior Court

Opinion

HOLLENHORST, Acting P. J.

When does a mistake or irregularity in a nonjudicial foreclosure sale justify the trustee’s refusal to issue a trust deed after accepting a high bid? We hold that a material mistake which is discovered after the acceptance of a bid but before issuance of a trustee’s deed justifies the trustee’s refusal to complete the sale. Accordingly, we affirm the trial court’s decision granting the trustee’s summary judgment motion.

Facts

Glendale Federal Bank held a single deed of trust to secure payment of two promissory notes on a certain apartment building on 17th Street…