Biancalana

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Relevant trial court proceedings As explained in the Supreme Court’s decision: “Plaintiff David Biancalana filed an action to quiet title to a parcel of real property located at 434 Winchester Drive in Watsonville, California, alleging that he owned the property because he was the highest bidder at a trustee’s sale that occurred on September 10, 2008. According to Biancalana’s complaint, EMC Mortgage Corporation (EMC) was the beneficiary of a loan secured by a deed of trust on the property, and T.D. Service Company (T.D.) was the trustee. After the loan went into default, T.D. issued a notice of trustee’s sale. A copy of the notice of sale was attached to the complaint. It stated that the property would be sold at public auction to the highest bidder at the entrance to the county offices in Santa Cruz at 10:00 a.m. on September 10, 2008. The notice said that ‘the total amount of the unpaid balance of the obligation secured by the above described Deed of Trust and estimated costs, expenses, and advances is $435,494.74,’ but added: ‘It is possible that at the time of sale the opening bid may be less than the total indebtedness…