MELENDREZ v. D & I INVESTMENT, INC.

No. H027098.

26 Cal.Rptr.3d 413 (2005)

127 Cal.App.4th 1238

Miguel MELENDREZ et al., Plaintiffs and Appellants, v. D & I INVESTMENT, INC., Defendant and Respondent.

Court of Appeals of California, Sixth District.

Review Denied June 22, 2005.


Attorney(s) appearing for the Case

Maryam S. Karson, Richard S. Timan, Timan & Walsh, Watsonville, Attorneys for Plaintiffs/Appellants.

Edward C. McDonald, Jr., McDonald Law Offices, San Jose, Benjamin R. Levinson, Law Office of Benjamin R. Levinson, Campbell, Patric J. Kelly, Duane W. Shewaga, Adleson, Hess & Kelly, Campbell, Robert H. Darrow, Darrow Law Offices, Santa Cruz, Attorneys for Defendant/Respondent.


PREMO, J.

Miguel and Maria Melendrez (Borrowers) lost their Watsonville home through a nonjudicial foreclosure sale in July 2001, approximately eight months after their loan default. The residence was purchased by a third party, defendant Royal Realty (Buyer). Borrowers thereafter sued to set aside the trustee's sale and to cancel the trustee's deed. They claimed that the sale was in violation of a repayment agreement (which included a conditional agreement to postpone...

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