In Re: Barrett

Good Law
United States District Court, Southern District of CaliforniaSeptember 27, 20223:22-cv-00078California4,569 words

Opinion

Trial Court Opinion

I. BACKGROUND

27 This appeal arises from the purported wrongful foreclosure on Appellant’s principal 28 residence. On June 3, 2015, Appellant and his spouse obtained a loan from Salton Sea Estates III, LLC (“SSE”), which was reflected in a promissory note secured by a deed of trust encumbering the real property located at 2566 Sea Urchin Avenue, Salton City, California (“Property”). In approximately December 2016, Appellant defaulted under the note. SSE, as trustee under the Deed of Trust, completed a foreclosure sale of the Property on April 11, 2018. A series of litigation in state court has ensued related to the Property: a quiet title suit, an unlawful detainer suit, and a wrongful foreclosure suit. Appellant filed the bankruptcy petition at issue approximately two months after the state court entered judgment on the quiet title action and merely weeks after trial concluded in the unlawful detainer action. A. Superior Court Proceedings On April 18, 2017, prior to the foreclosure sale, SSE filed a complaint against Appellant and his spouse in the Superior Court for the County of Imperial (Case No. 15 …

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