Estate of Yates

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.

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…