Facts: An owner defaults on a note secured by a trust deed on their property. The property is sold at a trustee’s sale and all foreclosure documents are recorded with the county. The lender files an unlawful detainer (UD) action to evict the owner and, after entry for judgment of possession, the county enforces the writ of possession to evict the owner. The owner later alleges the recorded documents were fraudulent.
Claim: The owner seeks to void the eviction, claiming the county wrongfully enforced eviction since the eviction was based on the county’s unlawful recording of fraudulent foreclosure documents.
Counter claim: The county claims it did not unlawfully record foreclosure documents or wrongfully enforce eviction since the county is mandated to follow court orders and is not required to determine whether recorded documents are fraudulent.
Holding: A California court of appeals held the county did not unlawfully record foreclosure documents or wrongfully evict the owner since the county is required by law to record all documents and enforce a court order for eviction, and does not have a duty to conduct a fraud investigation. [Lyons v. Santa Barbara County Sheriff’s Office (December 3, 2014)_CA4th_]