Estate of Yates

25 Cal. App. 4th 511, 32 Cal. Rptr. 53, 32 Cal. Rptr. 2d 53
CourtCalifornia Court of Appeal
DecidedMay 5, 1994
DocketD017986
StatusPublished
Cited by10 cases

This text of 25 Cal. App. 4th 511 (Estate of Yates) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Yates, 25 Cal. App. 4th 511, 32 Cal. Rptr. 53, 32 Cal. Rptr. 2d 53 (Cal. Ct. App. 1994).

Opinion

25 Cal.App.4th 511 (1994)
32 Cal. Rptr. 53

Estate of DELLA YATES, Deceased.
BARBARA BAKER, as Public Administrator, etc., Plaintiff and Respondent,
v.
WEST END FINANCIAL CORPORATION, INC., Defendant and Appellant.

Docket No. D017986.

Court of Appeals of California, Fourth District, Division One.

May 5, 1994.

*515 COUNSEL

Weeks, Rathbone, Robertson & Johnson and William L. Johnson for Defendant and Appellant.

Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy County Counsel, and Leonard W. Pollard II, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

NARES, J.

Defendant West End Financial Corporation, Inc. (West End), appeals from an order setting aside a nonjudicial foreclosure and ordering West End to transfer title of certain real property to plaintiff Barbara Baker, public administrator, as administrator of the estate of Della Yates. We affirm the order.

FACTUAL BACKGROUND

In 1974, Della Yates purchased a home at 411 Ringwood Drive in National City. During the next 16 years, Yates accrued approximately $100,000 equity in the property. In 1990, Yates's property was valued at $120,000, subject to a $2,400 first trust deed and a $20,000 second trust deed.

On March 9, 1990, Yates entered into a $3,000 contract with Central Construction, Inc., for the exterior painting of her home. Yates agreed to make 120 monthly payments of $54.05 at 18 percent interest, for a total of $6,486, for Central Construction to paint the sides and front of her house.[1] The contract was secured by a third deed of trust on Yates's home. Two months later, Yates died without paying the balance owed for the painting work.

William Collier lived with Yates at the time of her death. On July 22, 1991, the probate court held a hearing to consider Collier's petition to administer the estate. Because Yates's adult children objected to Collier's *516 petition, on July 29, 1991, the court temporarily appointed the public administrator to cure a default with respect to the second trust deed.[2] On August 5, 1991, another hearing was held in which the court ordered the public administrator to continue to act to cure the default in the second deed of trust. On August 15, 1991, the court issued letters of special administration to the public administrator.[3] Shortly thereafter, the public administrator cured the default on the second deed of trust and paid off the outstanding balance on the note underlying the first trust deed. The public administrator did not know of the existence of the third deed of trust.

On August 15, 1991, the trustee on the third trust deed, Attorney's Equity National Corporation (Attorney's Equity), recorded a notice of default and election to sell. Before it recorded the notice, Attorney's Equity knew Yates had died and that the public administrator was the acting administrator of Yates's estate.[4] Four days later, Attorney's Equity mailed a copy of the default notice to Della Yates at 411 Ringwood Drive. Several weeks later, the trustee mailed additional default notices to (1) the "heirs and devisees of Della Yates" and (2) the "heirs and devisees of Della Yates, c/o Barbara Baker being duly appointed Temporary Public Administrator." These default notices were not sent to the public administrator's office. Instead they were mailed to 411 Ringwood Drive and to 206 Market Street in San Diego.[5] On November 22, 1991, the trustee mailed a notice of trustee's sale to (1) Della Yates; (2) the "heirs and devisees of Della Yates"; and (3) the "heirs and devisees of Della Yates, c/o Barbara Baker being duly appointed Temporary Public Administrator." The trustee again mailed these notices to 411 Ringwood Drive and 206 Market Street.

*517 The public administrator did not receive and was unaware of the default notices and did not know the property was in foreclosure.[6] The trustee testified that if any of the notices were returned to its offices, the notices would have been thrown away.

Attorney's Equity thereafter recorded and published the notice of trustee's sale scheduled to occur on December 20, 1991. Jack Werdowatz purchased the trustee's deed for $5,066.73 at the December 20th trustee's auction. The trustee's deed contained the recital that "All requirements of law regarding the recording and mailing of copies of the Notice of Default and Election to Sell Under Deed of Trust and the recording, mailing, posting and publication of the Notice of Trustee's Sale have been complied with." Ten days later West End purchased the Ringwood property from Werdowatz for $12,000 subject to the existing $20,000 first trust deed. Before purchasing the property West End had no contact with Yates, Collier or Attorney's Equity.

Shortly thereafter, the public administrator learned for the first time the property had been sold. The public administrator brought an action in the probate court seeking to set aside the sale, arguing inter alia the trustee failed to comply with statutory notice provisions and violated due process. After a court trial, the court ordered West End to transfer title to the public administrator as administrator of Yates's estate and ordered the public administrator to pay West End an amount to reimburse it for the cancellation of the third deed of trust.[7] West End appeals from this order.

DISCUSSION

I.

West End contends the court erred in determining the trustee failed to provide proper notice of the default and sale.

A.

(1) The rights and powers of trustees in nonjudicial foreclosure proceedings are "strictly limited and defined by the contract of the parties and the statutes." (I.E. Associates v. Safeco Title Ins. Co. (1985) 39 Cal.3d 281, 287 *518 [216 Cal. Rptr. 438, 702 P.2d 596]; see McClatchey v. Rudd (1966) 239 Cal. App.2d 605, 608 [48 Cal. Rptr. 783].) Thus, a trustee owes no duty to provide notices to any person unless the trust deed or the statute specifically provides for such notice. (I.E. Associates v. Safeco Title Ins. Co., supra, 39 Cal.3d at p. 287; Perez v. 222 Sutter St. Partners (1990) 222 Cal. App.3d 938, 943 [272 Cal. Rptr. 119]; see Miller & Starr, Cal. Real Estate (2d ed. 1989) § 9:133 at pp. 429-430.)

Civil Code section 2924b[8] governs notices of default in nonjudicial foreclosure proceedings. (Perez v. 222 Sutter St. Partners, supra, 222 Cal. App.3d at p. 943.) Two subdivisions of section 2924b specify those persons to whom a trustee must mail a default notice. First, section 2924b, subdivision (b) requires a trustee to give notice to (1) the trustor or mortgagor at his or her last known address if different than the address specified in the deed of trust, and (2) to those persons who had recorded a statutory request for notice.[9] Second, section 2924b, subdivision (c) requires a trustee to give notice to several categories of parties, including "the successor in interest, as of the recording date of the notice of default, of the ... interest ... being foreclosed."[10] Section 2924b, subdivision (c)(1) requires this additional notice, however, only if the party acquired the interest "by an instrument *519 sufficient to impart constructive notice of the ... interest in the land ...

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Bluebook (online)
25 Cal. App. 4th 511, 32 Cal. Rptr. 53, 32 Cal. Rptr. 2d 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-yates-calctapp-1994.