Cruz

Cruz v. Valerio Townhomes Homeowners Assn. CA2/5

Good Law
Court of Appeal of CaliforniaJanuary 14, 2022B303641California3,143 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

Appellant Guadalupe Cruz owned a townhouse in Van Nuys, California. When she defaulted on her mortgage, the trustee under the deed of trust sold the townhouse in a nonjudicial foreclosure sale. The sales proceeds exceeded the amount necessary to satisfy the loan, so the trustee gave notice of the surplus to all persons with a recorded interest in the townhouse. Respondent Valerio Townhomes Homeowners Association (the HOA), the homeowners association for Cruz’s townhouse, filed a claim with the trustee for a portion of the surplus proceeds. Because Cruz disputed the HOA’s claim, the trustee deposited the surplus proceeds with the clerk of the Superior Court and the trial court conducted a bench trial on the HOA’s claim. The court entered judgment in the HOA’s favor and directed the clerk to distribute $94,873.97 to the HOA and the remainder to Cruz. Cruz appeals and we affirm.

II. BACKGROUND

Pursuant to a deed of trust recorded on September 13, 2005, Cruz purchased a townhouse at Valerio Street in Van Nuys California (the property). Thereafter, Cruz defaulted on the deed of trust encumbering the property. On September 28, 2017, Western Progressive, LLC (Western),…

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