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KNAPP v. DOHERTY

No. H026670.

20 Cal.Rptr.3d 1 (2004)

123 Cal.App.4th 76

Johnn P. KNAPP et al., Plaintiffs and Appellants, v. John P. DOHERTY et al., Defendants and Respondents. John P. Doherty, Plaintiff and Respondent, v. Margaret C. Knapp et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

September 20, 2004.

Attorney(s) appearing for the Case

Edwin A. Frey, Soquel, CA, for Defendants and Appellants and for Plaintiffs and Appellants.

Edward Newman, Newman, Marcus & Clarenbach, Capitola, CA, for Defendant and Respondent and for Plaintiff and Respondent.

Eric Donald Houser, Houser & Allison, Irvine, CA, for Defendant and Respondent Ocwen Federal Bank, FSB.

Paul E. Vallone, Hinshaw & Culbertson, San Francisco, CA, for Defendant and Respondent Cameron & Dreyfuss.

WALSH, J.*

Johnn and Margaret Knapp (Borrowers) lost their home through nonjudicial foreclosure sale in November 2002, nearly one year after the original date noticed for the sale. During the entire time that the foreclosure sale was threatened, they did nothing to cure their default. Afterward, the buyer at the trustee's sale filed an action to evict Borrowers. Two weeks later, Borrowers sued to set aside the trustee's sale, claiming...

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