Legal Question in Civil Litigation in California

If an out-of-state corporation is named as Beneficiary in your Deed of Trust in California while already suspended by both the Franchise Tax Board and the Secretary of State for violation os state laws and then instructs a Trustee to foreclose on your property, what cause of action would that be in a Wrongful Foreclosure lawsuit? I believe they are violating California BPC � 16240, which is a misdemeanor. So would that be perhaps a Fraud cause-of-action for recording an invalid Deed of Trust plus any other documents they recorded?


Asked on 10/04/09, 4:20 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Is the corporation a party? A suspended corporation has no capacity to sue. Contact me directly.

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Answered on 10/04/09, 5:14 pm


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