Maria Carmen Zubia v. David Shapiro

Summary

The Court held that a homeowner who fails to obtain an injunction before a trustee's sale waives claims that depend on the sale's validity, including title, post-sale damages, and the asserted false-recording claim. Because Zubia's claims depended on establishing that the trustee's sale and resulting deed were invalid, the Court affirmed dismissal under the statutory waiver provision. The Court declined to recognize a wrongful-foreclosure tort in this case, while preserving claims independent of the sale.