Date Posted: January 2, 2010 by CaliLaw
Demurrer to Complaint to Set Aside Foreclosure Sale
Defendant foreclosed on plaintiff's deed of trust concerning real property after plaintiff defaulted. Plaintiff filed suit claiming that the deed is invalid and seeking to set aside the foreclosure. This demur argues that plaintiff's complaint fails on the basis that 1) the claim for slander of title fails because recording of the foreclosure election is privileged, 2) the fraud claims lacks specific facts supporting a claim for intentional misrepresentation, 3) plaintiff's attempt to rescind the contract fails because there was no fraud or mistake, 4) plaintiff cannot set aside the foreclosure because the default has not been cured, the foreclosing party had standing, and there was no irregularity in the foreclosure proceedings.