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BANC OF AMERICA LEASING & CAPITAL, LLC v. 3 ARCH TRUSTEE SERVICES, INC.

No. G041480.

180 Cal.App.4th 1090 (2009)

BANC OF AMERICA LEASING & CAPITAL, LLC, Plaintiff and Respondent, v. 3 ARCH TRUSTEE SERVICES, INC., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

December 11, 2009.

Attorney(s) appearing for the Case

Sam M. Muriella for Defendant and Appellant.

Adleson, Hess & Kelly, Phillip M. Adleson and Lisa J. Parrella for United Trustees Association as Amicus Curiae on behalf of Defendant and Appellant.

Serlin & Whiteford and Kevin P. Whiteford for Plaintiff and Respondent.

OPINION

O'LEARY, J.

Defendant, 3 Arch Trustee Services, Inc. (Arch), conducted a nonjudicial foreclosure sale that resulted in excess sale proceeds. The sole issue raised on appeal is whether Arch had a duty to search for, verify, prioritize, and distribute the surplus funds to a junior lienholder, Banc of America Leasing & Capital, LLC (BofA), who had recorded a judgment lien against...

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