Wells Fargo Bank v. Drumgo CA2/3

INTRODUCTION

Defendant and Appellant Willie Mae Drumgo is one of the beneficiaries and successor trustees of Beatrice and James Gardner’s joint trust. Drumgo became involved in a dispute over the management of trust assets with a co-successor trustee. In the process of removing the co-trustee, Drumgo obtained an order in 2009 from the court cancelling a deed of trust that James Gardner had entered into prior to his death in favor of Respondent and Petitioner Wells Fargo Bank N.A. (the Bank). Drumgo did not involve the Bank in that action and never notified the Bank of the court’s order cancelling the deed of trust. In a collateral attack on the cancellation of its lien, the Bank subsequently petitioned for declaratory relief requesting payment of the money owed on the deed of trust and relief from the order cancelling the deed of trust. In a direct attack on the cancellation of its lien, the Bank also moved to vacate the portions of the court’s order that cancelled the deed of trust. In response, Drumgo moved for summary judgment as to the Bank’s petition and separately opposed the motion to vacate. The court denied Drumgo’s motion for summary judgment as to the petition and…