Commonwealth Mortgage Assurance Co. v. Superior Court

In Commonwealth Mortgage Assurance Co. v. Superior Court (1989) 211 Cal. App. 3d 508, the foreclosing lender made a full credit bid and then submitted a claim to the mortgage insurance company under policies of mortgage guaranty insurance. ( Id. at p. 512.) The insurer then sued the borrowers, alleging that false representations were made by the borrowers to induce the insurer to provide mortgage guaranty insurance for the loans. ( Id. at p. 513.) Commonwealth held a full credit bid precludes both the lender's and insurer's causes of action for fraud. ( Id. at p. 520.) "If the creditor-beneficiary makes a full credit bid for the property and is the successful bidder, then the proceeds from the trustee's sale are exactly sufficient to satisfy the debt, there is no deficiency and no surplus. In this event, the creditor has suffered no damages and cannot recover under an insurance policy." (Ibid.)