Fant v. Standard Trust Deed Service Co.
Appellant, Gary Fant, challenges the grant of summary judgment in favor of respondent, Standard Trust Deed Service Company (STD), on Fants complaint for wrongful foreclosure and unfair business practices. According to Fant, STD unlawfully foreclosed on the subject property because the sale took place after five postponements whereas former Civil Code section 2924g permits only three. However, postponements due to court order or a stay by operation of law are not considered postponements for purposes of determining the maximum number of postponements permitted before a new notice of sale is required. (Former 2924g, subd. (c)(2).) The trial court concluded that a bankruptcy filed by parties claiming an equitable interest in the subject property stayed the foreclosure sale at least twice by operation of law. Fant contends this was error.
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