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Lyons v. Santa Barbara County Sheriff's Office

law.justia.com | December 5, 2014

SB Sheriff's Office nor County Recorder Not Required to Conduct Fraud Investigation before Complying with Court Order Demurrer Without Leave Sustained AFFIRMED

Court: California Court of Appeal
Docket: B256041
Opinion Date: December 3, 2014
Areas of Law: Government & Administrative Law, Real Estate & Property Law

Plaintiff filed a wrongful foreclosure action against defendants, alleging that they unlawfully participated in a nonjudicial foreclosure and eviction process. The trial court sustained a demurrer without leave to amend and dismissed the matter. The court concluded that the complaint is a misguided Code of Civil Procedure 526a collateral attack on the unlawful detainer judgment; plaintiff is precluded from bringing a taxpayer action to set aside the trustee's sale; the trial court correctly ruled that a taxpayer's action may not be maintained where the challenged government conduct is legal; the sheriff is not required to conduct a fraud investigation before obeying a court order to evict a person from real property; plaintiff's objection to the recordation of the foreclosure documents is without merit; the county recorder is not required to conduct a fraud investigation before recording documents that are valid on their face; and the allegation that section 2924, subdivision (a) is not being enforced in post-foreclosure unlawful detainer actions does not state a cause of action. Plaintiff's remaining arguments are without merit and the court affirmed the judgment.

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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