Hornsby

facts relevant to the issues on appeal are contained in the discussion section of this opinion. Hornsby’s Default and the Foreclosure Proceedings In December 2003, Hornsby executed a note secured by a deed of trust on property located at 950 Harrison Street, #207, San Francisco, California (the Property). In 2006, Hornsby stopped making payments on the note. By May 1, 2007, despite having signed a repayment plan, Hornsby was failing to make payments and was in default. As a consequence, First American initiated nonjudicial foreclosure proceedings. First American conducted the foreclosure sale on December 7, 2009, and the Property was sold to Deutsche Bank as trustee. The trustee’s deed upon sale was recorded on December 10, 2009. On May 8, 2013, the Property was sold to third party purchasers Victor Li and Yao Lun Jiang.

2 All statutory references are to the Code of Civil Procedure.

2 Hornsby’s Lawsuit Hornsby filed the original complaint in this case on May 7, 2012. She filed a notice of pendency of action (lis pendens) on May 21, 2012, which was recorded on April 23, 2013. On January 25, 2013, she filed an amended complaint. On September 24, 2013, the trial court granted…