Little v. CFS Service Corp

In Little v. CFS Service Corp. (1987) 188 Cal.App.3d 1354, no notice was given the trustor, the junior lienor, or the judgment creditor. The defect was discovered before the trustee's deed was executed. The court held that the foreclosure sale was void, explaining: "Although conclusive presumption language was directed to be included in the trustee's deed, that deed was never prepared, executed or delivered. The trustee discovered the notice defect before completing the transaction by preparation and delivery of the deed; in the absence of the proper notice, the trustee was not required to prepare and deliver a deed containing the conclusive presumption language required by the trust deed. Since the deed was neither prepared nor delivered, any language regarding presumptions of regularity of notice of sale which would have been contained therein did not take effect. Thus there is no conclusive presumption that the sale was properly noticed. This factor aligns our case with those that have held sales with defective notice void." (Little, supra, 188 Cal.App.3d at p. 1360.)