CTC REAL ESTATE SERVICES v. LEPE

No. B185320.

44 Cal.Rptr.3d 823 (2006)

140 Cal.App.4th 856

CTC REAL ESTATE SERVICES, Plaintiff, v. Aurora LEPE, Defendant and Appellant; County of Los Angeles, Respondent.

Court of Appeals of California, Second District, Division Five.

June 21, 2006.


Attorney(s) appearing for the Case

P. Christopher Ardalan and Brett W. Wolff for Defendant and Appellant.

No appearance for Respondent.


MOSK, J.

We hold that the victim of an identity theft, whose name and other personal information were used without authorization for the purpose of obtaining a loan secured by a purchase money deed of trust to acquire real property, may, as the only claimant, recover undistributed surplus proceeds deposited with the court that remained after a trustee sale of the property and the satisfaction of creditors.

BACKGROUND

An unknown perpetrator used the...

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