Court Holds that a Borrower Could Not Sue the County Recorder or Sheriff After a Nonforeclosure Sale

In Lyons v. Santa Barbara County Sheriff’s Office, a taxpayer/property owner attempted to sue the county recorder and sheriff for their roles following a nonjudicial foreclosure sale of her property. In Lyons, plaintiff owned a condominium, which was sold at a Trustee’s Sale after she defaulted on her loan. Following the sale, she was evicted pursuant to an unlawful detainer action. As a taxpayer, she sued the sheriff’s department and recorder’s office claiming that they unlawfully participated in the nonforeclosure and eviction process. She claimed that the foreclosure documents were fraudulent.

The trial court sustained the defendant’s demurrer without leave to amend and dismissed the case, finding that there was no valid lawsuit against the county or its employees. The court of appeal affirmed, holding that the trial court properly dismissed the complaint.

Shannon B. Jones, Partner, sbj@sbj-law.com