Facts: A forged trust deed was recorded on a property owner’s title. The forged trust deed was foreclosed on and a trustee’s deed was recorded, transferring title to the successful bidder at the foreclosure sale. The property owner remained in the home and was served with an unlawful detainer (UD) action. The property owner filed a quiet title action to clear title of the forged trust deed and trustee’s deed, recording a lis pendens on title to the property to give notice of their ownership interest in the property. The successful bidder sued for slander of title resulting from recording the lis pendens.
Claim: The homeowner claimed the successful bidder’s slander of title suit was barred since their recording a lis pendens is protected under anti-SLAPP law.
Counterclaim: The successful bidder claimed they were not precluded from filing an action by the anti-SLAPP law since protection for recording a lis pendens under anti-SLAPP law requires the forged trust deed to be void and the forged trust deed was merely voidable, not void.
Holding: A California court of appeals held the forged trust deed was void conveying no interest in the property, thus barring the successful bidder’s slander of title suit, since recording a lis pendens is protected under anti-SLAPP law. [La Jolla Group II v. Bruce (2012) 211 CA4th 461]
