Whitman

Plaintiff Steven M. Whitman was the purchaser at a trustee’s sale foreclosing a first deed of trust on real property. Defendant Tran-state Title Company, the trustee, refused to issue plaintiff a trustee’s deed, asserting the sale was either incomplete or void. Plaintiff instituted this action for quiet title, specific performance, breach of contract and injunctive and declaratory relief. A summary judgment was granted in favor of the defendants, and plaintiff’s own motion for summary judgment was denied. Plaintiff appeals, contending his motion for summary judgment should have been granted or, in the alternative, that there are at least triable issues of fact which require reversal of the summary judgment granted in favor of defendants. We affirm.

Facts

Defendant Transtate was the trustee under a first deed of trust on the subject property, which named Bernadine C. Wells as the trustor and Charles R. Brown and Susan M. Brown as the beneficiaries. The promissory note secured was originally in the amount of $18,000. Transtate was also the trustee of a second deed of trust recorded against the subject property securing a promissory note in the original amount of $31,000.…