Bank of America v. La Jolla Group II

In Bank of America v. La Jolla Group II (2009) 129 Cal.App.4th 706, a home loan went into default because payments were missed. A notice of default and election to sell under the deed of trust and a notice of trustee's sale were recorded and the sale was scheduled for November 12, 2002. Four days before that date, someone acting on behalf of the homeowners went to a branch of the beneficiary bank and tendered a payment on the loan. A branch employee accepted the payment and reinstated the loan. But the trustee was not notified that the loan had been reinstated and the foreclosure sale went forward. (Id. at p. 709.) The beneficiary bank sued the party that successfully bid on the property at the nonjudicial foreclosure sale, seeking cancellation of the trustee's deed upon sale. Various cross-actions were filed. The trial court found the sale and deed upon sale void and restored record title to the condition immediately prior to recordation of the deed upon sale. The Court of Appeal concluded that it was undisputed that the homeowners and the beneficiary bank had entered into an agreement to cure the default. It followed that the beneficiary bank had no right to sell after that agreement and the foreclosure sale was invalid. (Id. at p. 712.)