CTC Real Estate Services v. Lepe

Opinion

MOSK, J.

We hold that the victim of an identity theft, whose name and other personal information were used without authorization for the purpose of obtaining a loan secured by a purchase money deed of trust to acquire real property, may, as the only claimant, recover undistributed surplus proceeds deposited with the court that remained after a trustee sale of the property and the satisfaction of creditors.

BACKGROUND

An unknown perpetrator used the name, other personal information, and credit of claimant (defendant and appellant) Aurora Lepe to purchase real property—an act of “identity…