Plein v. Lackey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• this procedure 21 provides a means of “stopping a trustee’s sale so that an action contesting default can take place”
• waiver appropriate where (1) notice, (2) knowledge of defense, and (3) failure to seek injunction
• failure to pursue DTA presale remedies may result in waiver
• “[W]aiver of any post-sale contest occurs where a party (1) received notice of the right to enjoin the sale, (2) had actual or constructive knowledge of a defense to foreclosure prior to the sale, and (3) failed to bring an action to obtain a court order enjoining the sale.”

Source: CourtListener parenthetical corpus (CC0).