Barber

INTRODUCTION

California law generally does not allow a preemptive attack on a nonjudicial foreclosure. (See Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924 (Yvanova); Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Cal.App.4th 808, 814 (Saterbak).) The instant matter underscores the wisdom of that principle. Nearly 17 years ago, George and Rita White obtained a $800,000 home loan, which was secured by a deed of trust recorded against the White’s

home.1 Shortly thereafter, the Whites sold their home to Wayne and Linda

Barber.2 Apparently, the money the Whites received from the sale of their home was not used to pay off their $800,000 loan because, by early 2015, the Whites were significantly in arrears on that loan. After a notice of default and notice of trustee’s sale were recorded based on the Whites’ failure to make timely payments on their loan, the Barbers, in June 2015, sued numerous entities seeking to prevent a foreclosure sale of their home. However, they dismissed that suit after it was removed to federal court.

1 Of the Whites, only George is a party in the instant action. However, to avoid confusion, we will refer to George and Rita by their…