Law Offices of T. Richard Hagin
T. Richard Hagin

PO Box 771988,

Ocala, Florida 34477

(352) 399-8717

Law Offices of Robert Amparan
Robert Amparan

861 Bryant St.,

San Francisco, California 94103

(415) 431-1313

Bryant Street Law
DJ Lee

3941 Whittle Avenue,

Oakland, California 94602



Document Detail

Return to List

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.


Preview: Download Preview (PDF)
WARNING: ExampleMotion, Inc. is not a law firm. None of the information found on this page, or anywhere on this site, constitutes legal advice. Your use of this site does not establish an attorney-client professional services relationship with ExampleMotion, or any of its users.