SAN FRANCISCO – A financial institution is seeking declaratory relief regarding a foreclosure on a San Francisco condo.
Bank of America NA filed a complaint on April 17 in the San Francisco County Superior Court against California Department of Consumer Affairs, Bureau of Real Estate and Dean R. Grafilo seeking declaratory relief.
According to the complaint, a deed of trust for Unit Four of a six-unit condominium complex in San Francisco is currently in default and that the plaintiff has a right to conduct a nonjudicial foreclosure on it. The plaintiff alleges it contacted the BRE to confirm the absence of a final public report and was giving conflicting responses. It alleges it cannot conduct a foreclosure until the court issues a declaration regarding its rights.
The plaintiff seeks declaration that the BRE did not issue a final public report and that it is entitled to exercise its foreclosure rights and any other relief as the court deems just. It is represented by Daniel G. Murphy and Arthur Fels of Loeb & Loeb LLP in Los Angeles.
San Francisco County Superior Court case number CGC17558200