Demerson

*265 Opinion

The trial court found defendant guilty of grand theft (§ 487, subd. 1, Pen. Code); she appeals from judgment and sentence.

In January 1964 William Moore, a cab driver, purchased a home on West 36th Street from Rita Bowie making a down payment of $1,000; Mrs. Bowie held a second deed of trust and the property was financed through Pacific Savings and Loan Association. Moore made some payments on both the mortgage and deed of trust but when he was in default on the mortgage Pacific foreclosed in September 1965; notice of default was filed December 29, 1965. A certified letter advising Moore of this was mailed to him but returned to Pacific “unclaimed”; 1 Mrs. Bowie received notice from Pacific indicating that because of the foreclosure her second deed of trust was in jeopardy. Meanwhile Moore wanted to sell the, property; once his next door neighbor, Mr. Bender, told him he was interested but it was never discussed again.

Mr. and Mrs. Bender had known defendant in Mississippi; they met her again at a party through Mrs. Wheat; defendant told them she was a real estate broker. In December 1965 defendant, using the name Minnie V. Heidelberg, went to see Mrs. Bender and…