Barrett Daffin Frappier Treder & Weiss v. Sanchez CA2/6

Filed 8/19/21 Barrett Daffin Frappier Treder & Weiss v. Sanchez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

BARRETT DAFFIN FRAPPIER 2d Civil No. B304935 TREDER & WEISS, LLP, et al (Super. Ct. No. 18CV02101) (Santa Barbara County) Plaintiff and Respondent,

v.

HILDA P. SANCHEZ,

Defendant and Appellant.

Appellant Hilda P. Sanchez appeals a judgment allocating the surplus proceeds from the nonjudicial foreclosure sale of her house. She contends two of her secured creditors had no interest in these proceeds because their judgment liens expired before trial. We conclude Sanchez invited the error as to the first creditor by making, then withdrawing, the same argument below. Her argument as to the second fails because the creditor’s interest vested not at trial, but at the time of sale, which occurred more than two years before the lien expired. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND Sanchez’s lender initiated non-judicial foreclosure proceedings on her Santa Barbara house in 2017. The law firm of Barrett Daffin Frappier Turner & Engle, LLP (trustee) served as trustee. A foreclosure sale held in September of that year resulted in a surplus of $100,804.17. The trustee filed this interpleader action when Sanchez disputed its proposed distribution of the surplus to four lienholders. It deposited the funds with the court and obtained a discharge from the action. (Code Civ. Proc., § 386, subd. (a).) Sanchez and the four lienholders proceeded to trial on the issue of distribution on December 27, 2019. The trial court entered judgment in favor of the lienholders. It allocated their interests in order of priority under Civil Code section 2924k1 as follows: (1) $57,300 to Sam Gerard under a deed of trust lien recorded on December 7, 2006; (2) $10,000 to Maria Chavez under a judgment lien recorded on November 19, 2008; (3) $24,007 to Emily Rodriguez under a judgment lien recorded November 4, 2009; and (4) $9,497.17, the balance, to Jose Almanza under a judgment lien recorded on September 2, 2010.2 The surplus exhausted, Sanchez received nothing. She appeals the judgment. DISCUSSION The nonjudicial foreclosure statutes provide “a quick, inexpensive and efficient remedy” against borrowers who default