California law is pretty clear that the recordation of a notice of default and notice of sale – two key documents that are a prerequisite to a nonjudicial foreclosure sale – are privileged and cannot form the basis of liability in court. Section 2924 states that the “mailing, publication, and delivery of notices as required” by section 2924 “constitute privileged communications pursuant to Section 47.” Section 2924 and require the recordation of both a notice of default and a notice of sale.
