Selene Finance v. First Group Investments CA3

BACKGROUND

Selene Finance obtained a judgment in the amount of $227,339.02, to be satisfied from proceeds of the sale of a property. The judgment provided that a deed of trust was foreclosed and a writ of sale would issue ordering the Sheriff to conduct a sale of the property to satisfy the obligation owing on a note. Selene Finance could purchase the property at the sale and use a credit bid up to the full amount of the judgment. Upon completion of the sale, the Sheriff was authorized to execute and deliver a deed to the purchaser. The trial court retained jurisdiction for issues relating to the judgment and sale of the property. On November 19, 2019, counsel for Selene Finance instructed the Sheriff, among other things: “Per the client, please set the opening bid amount at $205,800.00.” Sheriff’s representative Klarissa Esio informed Jimmy Tran, a law clerk at the office of counsel for Selene Finance, “Your minimum bid request looks good. Please resubmit with a signature.” Esio also stated, “Keep in mind that if the property is not sold, the levy will be released. I just want to make that clear since your minimum bid is up there. If there are potential bidders, they may not be…