Whittington

Defendant Phyllis McKinney appeals a judgment in favor of plaintiff Steve Whittington following a court trial. Whittington alleged McKinney wrongfully caused a notice of default and election to sell under a deed of trust to be recorded against his property. McKinney claimed she was the assigned holder of a note and trust deed against the property which was in default.

Following trial, the court ruled as follows: (1) the note and deed of trust were deemed paid by Whittington and canceled; (2) the assignment of the note and trust deed to McKinney by the Federal Deposit Insurance Corporation (FDIC) was deemed null and void; (3) McKinney was ordered to deliver the original note and deed of trust to the court; (4) McKinney was ordered to cooperate with Whittington and the title company to effectuate the court’s ruling; (5) Whittington was entitled to relief on his causes of action for a permanent injunction and for cancellation of cloud on title; he was not entitled to relief on his causes of action for slander of title, intentional infliction of emotional distress, or violation of Civil Code section 2941 requiring a mortgagee or his assignee to execute a certificate of…