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When Is a Foreclosure Sale Really Final? New Court Case Brings Clarity
By Randy Newma
This article first appeared in our Communicator Magazine, Winter 2026 Issue.
If your association has ever had to foreclose on a home for unpaid assessments, you probably know how stressful and complicated the process can be. A recent California Court of Appeal decision, Bird Rock Home Mortgage, LLC v. Breaking Ground, LP (2025) D084138 (filed September 16, 2025) makes it clear that foreclosure sales may take longer to finalize than many expected.
WHAT HAPPENED
The Oceanside Community Association foreclosed on a property after the owners stopped paying their assessments. At the foreclosure sale, a bidder, Bird Rock Home Mortgage, offered $60,000 and thought they had won as the successful bidder at the foreclosure sale. Wisely, instead of handing over the deed, the trustee kept the sale "open" for the mandatory holding period under the recent California law, Civil Code § 2924m. During that time, a qualified nonprofit called Breaking Ground stepped in and submitted a bid ...