Crummer v. Whitehead

In Crummer v. Whitehead (1964) 230 Cal.App.2d 264, the trustor challenged the legality of the foreclosure sale on the ground that the property was sold for a grossly inadequate price. The trial court rejected the claim and on appeal the court affirmed. Noting first that inadequate price without evidence of some other irregularity in the foreclosure process does not compel setting aside the foreclosure sale, the Court of Appeal held, "The trial court heard all of the evidence and made extensive findings concerning the foreclosure proceedings, and concluded that the trustee's sale was legally held under the power of sale contained in the deed of trust. These findings are fully supported by the evidence. It is the rule that whether the particular facts of a given case justify setting aside a trustee's sale rests very largely in the discretion of the trial court." (Id. at p. 268.)