Notification Requirement In Foreclosure Sale Set Forth In Code of Civil Procedure § 729.050 Is Not Satisfied By Common Law Presumption Of Regularity.

A homeowners association notified homeowners they were delinquent in paying their monthly assessment fees. After the homeowners disputed the debt, the association conducted a nonjudicial foreclosure sale. The homeowners brought an action to set aside the foreclosure sale and the trial court granted summary judgment in favor of the association. The appellate court reversed, after rejecting the association’s argument a nonjudicial foreclosure sale is accompanied by a common law presumption that it was conducted regularly and fairly, and concluding the association failed to demonstrate it notified the homeowners of their right to redemption pursuant to Code of Civil Procedure section 729.050.  Multani v. Witkin & Neal  (Cal. App. Second Dist., Div. 7;  May 1, 2013) (As Mod. May 29, 2013) 215 Cal.App.4th 1428.