California Court Ruling Addresses Post-Foreclosure Eviction Issues

Bruce Bauer, Esq.

Bruce Bauer, Esq. of Brooks Bauer has obtained a ruling that is of some importance to lenders/servicers in connection with post-foreclosure eviction issues.

The opinion of Malkoskie v. Option One Mortgage Corporation (2nd App. Dist) came down on September 23rd and is certified for publication. At its core, the decision is important because it stands for the proposition that an Unlawful Detainer action is res judicata on all issues of title in a subsequent challenge to the validity of the foreclosure sale – even for damage purposes. Essentially, once judgment had been rendered in the underlying unlawful detainer action, it did not matter whether there were any such defects.

Read an article on the case by Bruce Bauer of Brooks Bauer