West Sunset 2050 Trust v. Nationstar Mortgage, LLCAnnotate this Case
The foreclosure sale in this case was not invalid due to a lack of notice.
At issue was the competing interests of the purchase of property at a homeowners association (HOA) foreclosure sale and the beneficiary of a deed of trust on that property at the time of the sale. The district court determined that Respondent’s deed of trust survived the HOA foreclosure sale where the HOA failed to provide the statutorily required preforeclosure notice. The Supreme Court reversed, holding that because Respondent’s rights were not prejudiced by the HOA’s failure to provide the preforeclosure notice, the district court erred in holding that the defective notice allowed Respondent’s deed of trust to survive the foreclosure sale.