from its face. . designed: (1) to provide the creditor/beneficiary with a quick, 1 Cases that cite this headnote inexpensive and efficient remedy against a defaulting debtor/trustor, (2) to protect the debtor/trustor from wrongful loss of the property, and (3) 7 to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide Mortgages purchaser. . Wrongful Foreclosure In general nominee did not have the Lender’s burden of proving a valid assignment of deed of trust, in wrongful action; rather, given the foreclosure 9 presumption of regularity, if debtor contended that foreclosure sale was invalid because assignee had no Mortgages Foreclosure by Exercise of Power of Sale authority to conduct the sale, the Operation and effect burden rested with debtor affirmatively to plead facts A nonjudicial foreclosure sale is demonstrating the impropriety. . presumed to have been conducted regularly, and the burden of proof See , ; , ; Cal. Civil Practice ; rests with the party attempting to Greenwald & Asimov, Cal. Practice rebut this presumption. Guide: Real Property Transactions 1 Cases that cite this headnote (The Rutter Group 2011) ¶ 6:521 (); 4 Witkin, Summary of Cal. Law (10th ed. 2005) Security Transactions in Real Property, § 165. 10 2 Cases that cite this headnote Mortgages Assignment of Mortgage or Debt Parties who may make assignment 8 Allegation, in wrongful foreclosure action involving deed of trust, that nominee was merely a lender’s Mortgages nominee was insufficient to Foreclosure by Exercise of Power of Sale demonstrate that it lacked authority Statutory provisions to make a valid assignment of note The nonjudicial foreclosure statutes on behalf of the original lender; are a comprehensive scheme
from its face. . 1 Cases that cite this headnote 7 Mortgages Wrongful Foreclosure In general Lender’s nominee did not have the burden of proving a valid assignment of deed of trust, in wrongful foreclosure action; rather, given the presumption of regularity, if debtor contended that foreclosure sale was invalid because assignee had no authority to conduct the sale, the burden rested with debtor affirmatively to plead facts demonstrating the impropriety. . See , ; , ; Cal. Civil Practice ; Greenwald & Asimov, Cal. Practice Guide: Real Property Transactions (The Rutter Group 2011) ¶ 6:521 (); 4 Witkin, Summary of Cal. Law (10th ed. 2005) Security Transactions in Real Property, § 165. 2 Cases that cite this headnote 8 Mortgages Foreclosure by Exercise of Power of Sale Statutory provisions The nonjudicial foreclosure statutes are a comprehensive scheme designed: (1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor, (2) to protect the debtor/trustor from wrongful loss of the property, and (3) to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide purchaser. . 9 Mortgages Foreclosure by Exercise of Power of Sale Operation and effect A nonjudicial foreclosure sale is presumed to have been conducted regularly, and the burden of proof rests with the party attempting to rebut this presumption. 1 Cases that cite this headnote 10 Mortgages Assignment of Mortgage or Debt Parties who may make assignment Allegation, in wrongful foreclosure action involving deed of trust, that lender’s nominee was merely a nominee was insufficient to demonstrate that it lacked authority to make a valid assignment of note on behalf of the original lender;
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