Homeowner Unlawful Detainer (UD) Litigation Defense
The Court Must Ascertain Whether 2924 Was Complied With and Title was Perfected!In the summary proceeding of unlawful detainer, the plaintiff need only prove a sale in compliance with the statute (CCP 1161a, CC 2924 et. seq.) and deed of trust, followed by purchase at such sale, and the Defendant may raise objections only on that phase of the issue of title. (Emphasis Added) In unlawful detainer proceedings, the right to possession alone is involved, and the broad question of title cannot be raised and litigated (Cheney v. Trauzettel, 9 Cal.2d 158), except under the limited extent where the court must inquire and determine the following three issues of title:
(1) Whether Plaintiff was the purchaser of the property;
(2) Whether the property has been sold in accordance with Civil Code section 2924;
(3) Whether the title obtained by the Plaintiff is duly perfected. (Old National Financial Services Inc., v. Siebert, (1987) 194 Cal App. 3rd 460) (See also Vella vs. Hudgins, 20 Cal. 3d at 255; Kelliher vs. Helliher, (1950) 101 Cal. App.2d 226, 232).
Title PerfectionWhere title is acquired through proceedings described in Code of Civil Procedure ?1161a(b)(3) (such as a trustee's sale) the court must make a limited inquiry into the basis of the Plaintiff's title. Title is duly perfected when all steps have been taken to make it perfect, i.e., to convey to the purchaser that which he has purchased, valid and good beyond all reasonable doubt, (Hocking v. Title Ins. & Trust Co. (1951), 37 Cal.2d 644), which includes good record title (Gwin v. Calegaris (1903), 139 Cal. 384), but is not limited to good record title, as between the parties to the transaction. (Emphasis Added) The term "record title" means a title officially of record. (Bone v. Dwyer, 89 Cal. App. 535).