CTC REAL ESTATE SERVICES v.
COUNTY OF LOS ANGELES
Filed 6/21/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| CTC REAL ESTATE SERVICES, Plaintiff, v. AURORA LEPE, Defendant and Appellant; COUNTY OF LOS ANGELES, Respondent. | B185320 (Los Angeles County Super. Ct. No. MS004806) |
APPEAL from an order of the Superior Court of Los Angeles County, Alan S. Rosenfield, Judge. Reversed with directions.
P. Christopher Ardalan and Brett W. Wolff for Defendant and Appellant.
No appearance for Respondent.
We hold that the victim of an identity theft, whose name and other personal information were used without authorization for the purpose of obtaining a loan secured by a purchase money deed of trust to acquire real property, may, as the only claimant, recover undistributed surplus proceeds deposited with the court that remained after a trustee sale of the property and the satisfaction of creditors.
BACKGROUND
An unknown perpetrator used the name, other personal information, and credit of claimant and appellant Aurora Lepe to purchase real property--an act of â€
