Judicial Foreclosure - California Land Title Association.
Judicial ForeclosureWednesday, October 21, 2020
Robin v. Crowell Cal.App. 5th Dist. (F077325) 10/8/20
The court held that a junior lienholder is not affected by the judicial foreclosure of a senior deed of trust, if the junior lien existed prior to the foreclosure and the junior lienholder was not made a party to the senior lienholder's foreclosure action. To remove a junior lien, the holder of the senior lien or the buyer at the senior sale (standing in the shoes of the senior lienholder) may file a second action to foreclose the omitted party's equity of redemption or a quiet title action having the same effect. However, in this case the second action was barred by the statute of limitations (4 years under C.C.P. Sections 337(a) and 2911). |
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