Plaintiff homeowner stated a viable wrongful foreclosure claim against the loan servicer who, plaintiff alleged, told plaintiff that it would not accept plaintiff’s offer to pay the amount needed to reinstate the loan even though the offer was made more than 5 business days before the trustee’s sale. Under Civ. Code 2924c, plaintiff had the right to reinstate by tendering the delinquent sums at any time more than 5 business days before the trustee’s sale. To state a wrongful foreclosure claim, plaintiff did not have to show she had tendered the entire amount of debt secured by the property since to just reinstate the existing loan, she only had to tender the delinquent sums. Also, her offer of those sums was sufficient, she didn’t have to actually pay the reinstatement amount since defendant wrongly refused to take it. The same facts supported claims for fraud and negligence, but not intentional infliction of emotional distress.
California Court of Appeal, Third District (Robie, Acting P.J.); September 24, 2018; (partial publication); 27 Cal. App. 5th 516