Docket No. S043065.

10 Cal.4th 1226 (1995)

900 P.2d 601

44 Cal. Rptr.2d 352

ALLIANCE MORTGAGE COMPANY, Plaintiff and Appellant, v. LAURIE SAMUEL ROTHWELL et al., Defendants and Respondents.

Supreme Court of California.

August 28, 1995.

Attorney(s) appearing for the Case


Morgenstein & Jubelirer, Jean L. Bertrand and Robert B. Mullen for Plaintiff and Appellant.

Edward D. Benes, Terrance P. Huber, Landels, Ripley & Diamond, Bruce W. Hyman, Margaret P. Reidy, Evans, Latham, Harris & Campisi, Jamie O. Harris, Charles P. Wolff and Nancy M. Levin as Amici Curiae on behalf of Plaintiff and Appellant.

Dinkelspiel, Donovan & Reder, Joel Zeldin, Leon M. Bloomfield, Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, Paul J. Matzger, Miller, Starr & Regalia, Edmund L. Regalia, Daniel R. Miller and Kenneth R. Styles for Defendants and Respondents.



We here determine whether a lender's acquisition of security property by full credit bid at a nonjudicial foreclosure sale bars the lender as a matter of law from maintaining a fraud action against third party nonborrowers who fraudulently induced the lender to make the loans. The Courts of Appeal are in conflict on this issue. We granted review to resolve the conflict, and now conclude that such an action is not...

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