Anderson

In the published portion of this opinion we hold that the exercise of a power of sale in a deed of trust may not be predicated upon breaches in the payment of secured obligations which are listed in the notice of default as conditioned by “if any.” These contingent assertions fail to state that a default “has occurred,” as required by Civil Code section 2924, and the beneficiary cannot insist that such equivocal “defaults” be cured as a condition of avoiding a foreclosure sale.

Defendants were granted a summary judgment on the theory that plaintiff (Anderson) failed to tender a sum sufficient to reimburse foreclosure costs and to cure the arrearages in principal, interest, and late charges on the loan secured by the deed of trust held by Heart Federal Savings (Heart), plus delinquent taxes and insurance premiums, in the total amount then due on the date of the foreclosure sale. Heart listed failure to pay taxes and advances for insurance premiums as grounds of default in the recorded notice of default but appended the qualifying phrase “if any” to the assertions. Heart cannot predicate the exercise of a power of sale upon these contingencies and therefore cannot insist…