Motion to Set Aside Trustee’s Sale and to Rescind/Vacate Any Trustee’s Deed Upon Sale Recorded Moving Party: Plaintiffs John Hughes and Linda Hughes Responding Party: Defendant FCI Lender Services, Inc.
RULING:
The motion of Plaintiffs John Hughes and Linda Hughes (“Plaintiffs”) to Set Aside the April 1, 2021 Trustee’s Sale and to Rescind/Vacate any Trustee’s Deed Upon Sale Recorded is GRANTED.
On 3/29/21, Plaintiffs submitted an ex parte application for temporary restraining order (TRO) and OSC for preliminary injunction seeking to enjoin the trustee’s sale which was scheduled to occur on 4/1/21. The request for TRO was granted per the Court’s minute order dated 3/30/21. However, the trustee’s sale went forward on 4/1/21. Defendant FCI Lender Services, Inc. (“Defendant”) contends it did not receive notice of the application for TRO or the 3/30/21 order.
The parties have submitted conflicting evidence regarding whether Plaintiffs’ counsel provided Defendant with adequate notice of the
Hearing Date
July 01, 2021
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Motion to Set Aside Trustee’s Sale and to Rescind/Vacate Any Trustee’s Deed Upon Sale Recorded Moving Party: Plaintiffs John Hughes and Linda Hughes Responding Party: Defendant FCI Lender Services, Inc.
RULING:
The motion of Plaintiffs John Hughes and Linda Hughes (“Plaintiffs”) to Set Aside the April 1, 2021 Trustee’s Sale and to Rescind/Vacate any Trustee’s Deed Upon Sale Recorded is GRANTED.
On 3/29/21, Plaintiffs submitted an ex parte application for temporary restraining order (TRO) and OSC for preliminary injunction seeking to enjoin the trustee’s sale which was scheduled to occur on 4/1/21. The request for TRO was granted per the Court’s minute order dated 3/30/21. However, the trustee’s sale went forward on 4/1/21. Defendant FCI Lender Services, Inc. (“Defendant”) contends it did not receive notice of the application for TRO or the 3/30/21 order.
The parties have submitted conflicting evidence regarding whether Plaintiffs’ counsel provided Defendant with adequate notice of the