Sanchez

Sanchez v. Newhope Capital CA4/3

Good Law
Court of Appeal of CaliforniaJuly 30, 2014G049093California6,075 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

In 1999, the Sanchezes and Jorge Sanchez purchased a residence (Residence) in Anaheim, California as joint tenants.2 Approximately four years later, Pedro and Jorge Sanchez obtained an immigration bond from defendant and respondent Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Gonzales), acting as an agent for American Surety Company (American), to secure the release of Manuel Arcos-Velez from an immigration hold. The Sanchezes were unaware the paperwork Pedro and Jorge Sanchez signed to obtain the bond included a deed of trust on the Residence. Several years later, Gonzales and American initiated nonjudicial foreclosure proceedings on the Residence when Arcos-Velez failed to surrender to U.S. Immigration and Customs Enforcement for deportation. Defendant and respondent RESS Financial Corporation (Ress) conducted the nonjudicial foreclosure sale on Gonzales’s

Jorge Sanchez is not a party to the settlement agreement or this appeal.

3 and American’s behalf and executed a trustee’s deed upon sale transferring the Residence to Newhope in January 2011. Newhope then filed an unlawful detainer action to evict the Sanchezes. Newhope obtained…

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