6 Angels, Inc. v. Stuart-Wright Mortgage, Inc.
Opinion
Opinion
Curry, J.
After respondent 6 Angels, Inc., (6 Angels) successfully bid $10,000.01 on a piece of real property offered for $10,000 at a trustee’s sale, appellant Dovenmuehle Mortgage, Inc., (DMI) refused to transfer the deed to 6 Angels, contending that the property should have been offered at $100,000. The trial court granted summary adjudication on 6 Angels’s claim for quiet title and judgment was subsequently entered in favor of 6 Angels and against appellants DMI, Stuart-Wright Mortgage, Inc. (SWM) and MTDS, Inc., doing business under the name of Meridian Trust Deed Service (MTDS). We affirm.
Statement of Facts
Prior to March 21, 1997, SWM was the beneficiary under a deed of trust encumbering real property owned by Marvin Salazar and Maria Carmen Ruiz. DMI serviced the loan on behalf of SWM. Mortgage Default Service was the substituted trustee under the deed of trust.
On February 25, 1997, a notice of trustee’s sale regarding this property was recorded. The notice listed an indebtedness of $144,656.17, and stated that a trustee’s sale was scheduled for March 21, 1997. The day before the trustee’s sale, DMI sent a letter to Mortgage Default Service setting an opening bid of…