Legal Question in Real Estate Law in California

Tender of the amount due (including the lender's expenses) is a prerequisite to a suit to set aside the trustee's sale, but not in itself sufficient. Indeed, few grounds exist to set aside a validly-conducted trustee's sale to a bona fide third-party purchaser.

A tender of the debt is required as a prerequisite to an action to set aside a voidable sale. A tender is not required to set aside a void sale.

There are generally two prongs to determine whether a sale is void. First, a sale is void where there is a defect in the manner of the sale for which the statutory scheme governing trustee's sales would be considered mandatory. Second, and more importantly, is whether there is a conclusive presumption of the regularity of the sale. This arises by a provision in the deed of trust, and by statute.

It takes more than just an offer of money to set aside a trustee's sale. If properly conducted, a trustee's sale terminates the borrower's interest in the property, and there is no right to redeem after a nonjudicial foreclosure sale.

I suggest speaking as soon as possible to a competent attorney who understands this area of law.