Curry

Plaintiffs brought this action for declaratory relief and to quiet title based on a forged reconveyance of a deed of trust on property purchased by defendants. The trial court awarded damages to the plaintiffs equivalent to the principal of the note secured by the trust deed and compound interest from the date of inception of the loan. Plaintiffs were also awarded attorney fees. Defendants appeal from those portions of the judgment awarding compound interest and attorney fees. We modify the judgment as to the calculation of compound interest and strike the award of attorney fees. In all other respects, the judgment is affirmed.

Facts and Proceedings Below

The facts are undisputed.

In January 1981, Gloria Hubenthal borrowed $19,200 from plaintiffs Arliss S. and Marie Curry (hereafter the Currys) and executed a note and deed of trust on her home as security.

Hubenthal never repaid the Curry loan. However, in August 1991, a forged reconveyance of the Currys’ deed of trust was recorded and a few days later Hubenthal received a loan of $126,800 from the Reliable Mortgage Company secured by a deed of trust on her home. Reliable later assigned this loan and deed of trust to…