Archive for November, 2011

Trustee’s Foreclosure Sale Is Valid, Despite Substantial Error in Opening Bid (2011-11-12)

Category: Case law, Real Property | Comments Off on Trustee’s Foreclosure Sale Is Valid, Despite Substantial Error in Opening Bid

A recent case illustrates the need for a beneficiary to exercise care when making a bid at a trustee sale.  In Biancalana v. TD Service Company (Oct. 31, 2011) 2011 DJDAR 15972, the secured debt was $219,105.  However, due to error by the beneficiary, the trustee was instructed to make an opening bid of only […]

Strict Compliance Regarding Three-Day Notice Essential for Eviction Proceeding (2011-11-6)

Category: Case law, Real Property | Comments Off on Strict Compliance Regarding Three-Day Notice Essential for Eviction Proceeding

A recent case reinforces the necessity to comply with the technical requirements for prosecuting an unlawful detainer complaint in California. [Commonly known as an eviction.]  Specifically, the issue at trial was whether the three-day notice had been served properly.  The trial court held that service was defective.  This was reversed on appeal, based on the […]