Abstract of judgment7/7/2023 ![]() The trial court agreed with Hoffman that the conduct underlying each of the Weedens’ claim – Hoffman’s recording of a judgment – constituted protected activity. In response, Hoffman filed an anti-SLAPP motion arguing that the conduct underlying the Weedens’ claims against him was protected activity under the anti-SLAPP law and the Weedens were unable to demonstrate a probability of prevailing on their claims. As a result, the Weedens filed an action for quiet title, slander of title, and cancellation. Thereafter, the Weedens purchased the property from Mitchell and the successors of the parties that purchased Hoffman’s interest at the trustee’s sale.Īfter the Weedens purchased the property, Hoffman sent a letter to the Weedens threatening a forced sale of the Weedens’ property pursuant to the judgment lien created by the abstract of judgment. Two months later, Hoffman recorded the divorce judgment and recorded an erroneous abstract of judgment issued by the clerk. ![]() Ultimately, the trial court found that the 1992 deed of trust had been extinguished and quieted title in favor of Mitchell and the purchaser at the trustee’s sale initiated by Hoffman’s divorce attorney. Meanwhile, Hoffman’s divorce attorney foreclosed on his deed of trust as to Hoffman’s half interest. In response, Mitchell filed an action for quiet title and obtained a temporary restraining order barring Hoffman from foreclosing.ĪLSO READ How to Clear Title for Property Purchased through a Tax Sale Thereafter, Hoffman initiated a foreclosure of the property by recording a notice of default based on the 1992 deed of trust. Thereafter, Hoffman recorded something to reverse his rescission of the reconveyance, thereby once again removing the lien from the property.Īpproximately a week later, Hoffman and Mitchell entered into a stipulated judgment involving the division assets, including the property. In addition, Hoffman attempted to reinstate the 1992 deed of trust by recording a rescission of the full reconveyance he had recorded in 1996. In May 2014, Hoffman signed a deed of trust securing his one-half interest in the property in favor of his divorce attorney. Over ten years later, in 2009, Hoffman and Mitchell began divorce proceedings. When Hoffman’s parents died in 1996, he recorded a reconveyance of the deed of trust as the trustee of his parent’s trust. In 1992, Hoffman and Mitchell executed a deed of trust to secure a loan from Hoffman’s parents. The dispute in Weeden arose out of real property that plaintiff Hoffman initially purchased with his then wife, Pamela Mitchell. Hoffman, the Court of Appeal reversed a judgment entered in favor of defendants after the trial court granted the defendants’ anti-SLAPP motion with respect to plaintiffs’ complaint for quiet title, slander of title, and cancellation of instrument. How do litigation privileges play out regarding an invalid abstract of judgment?
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