Quality Loan Service Corp. v. Szanto CA4/3

facts of this case, failed to consider evidence the property was not sold to a bona fide purchaser, and failed to order an accounting of the money collected and disbursed from the foreclosure sale; (3) the court erred by striking his cross-complaint and by finding the case involved a special, rather than ordinary, proceeding; and (4) the foreclosure sale violated a “[p]robate stay.” We find Szanto forfeited his appellate claims and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Szanto and his spouse, since deceased, owned the property as tenants in common. Szanto executed a first deed of trust, which secured an indebtedness to a bank. He later executed a second deed of trust, which secured an indebtedness to another bank, Bank of America. Szanto defaulted under the terms of the first deed of trust. Because of the default, the trustee under the first deed of trust, Quality Loan Service Corporation (trustee), held a nonjudicial foreclosure sale and sold the property to the highest bidder, a third party, in August 2022. After payments to the foreclosing beneficiary bank’s unpaid debt, trustee, and attorney, surplus proceeds from the sale remained in the amount of $632,816.86.…