What are the elements of a wrongful foreclosure cause of action?

California, United States of America


The following excerpt is from Sporn v. JPMorgan Chase Bank, N.A., G047501 (Cal. App. 2014):

None of these allegations suffices to support a cause of action for wrongful foreclosure. Preliminarily, plaintiff has not alleged there has been a sale of the Property, generally an element of a wrongful foreclosure cause of action. (Chavez v. Indymac Mortgage Services (2013) 219 Cal.App.4th 1052, 1062 [elements of wrongful foreclosure cause of action are illegal or fraudulent sale of property pursuant to deed of trust, harm to plaintiff, and plaintiff's tender of debt amount or excuse therefrom].)

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