Perkins
Perkins v. Chad Development Corp.
Opinion
Lead Opinion
Tamura, J.
Plaintiff (Perkins), a cobeneficiary of a purchase money trust deed covering certain property in Riverside County, instituted nonjudicial foreclosure proceedings and purchased the property through an agent at the foreclosure sale. The agent brought a quiet title action in which Roger Janetzky intervened attacking the validity of the foreclosure sale and claiming an interest in the property. The case ultimately went to trial as a quiet title action only as between Perkins and Janetzky. The court found in favor of Perkins and entered judgment quieting title to the property in him. Janetzky appeals from the judgment.
Janetzky advances two contentions on appeal: (1) The court erred in finding he had no interest in the property and (2) the foreclosure sale was invalid because the notice of default and election to sell had been executed by only one of the cobeneficiaries of the note and trust deed.
Viewing the evidence in light of the settled rules on appeal, the basic facts may be summarized as follows:
Golden State Escrow, Inc. (Golden State) as trustee for Chad Development Corporation (Chad) executed a $23,050 promissory note payable $230 per month in favor of R P. Wilson…