May 15, 2013

Foreclosure-sale opinion filing tomorrow

The Supreme Court tomorrow morning will file its opinion in Biancalana v. T. D. Service Company, a case presenting the issue: When a trustee makes an error in the processing and announcement of a beneficiary’s “credit bid” during foreclosure proceedings on a deed of trust, and the trustee has not yet issued a trustee’s deed to the highest bidder at the foreclosure sale, does the trustee have the discretionary authority to set aside the foreclosure sale due to that error? Biancalana was argued in April.

The opinion can be viewed online tomorrow beginning at 10:00 a.m.

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