Document Type

Case Summary

Publication Date


Case Synopsis

The Court determined that becausethe holder of the first deed of trust provided valid tender of the superpriority portion of anHOA’s lien, the HOA’s foreclosure on the lien was void as to the superpriority portion. Further, anHOA has no right to convey full title to the property because the holder’s first deed of trust remains after foreclosure. Thus,when the holder unconditionally tenders the superiority amount due, the buyer at an HOA lien foreclosure sale takes the property subject to the deed of trust.