Hart

*324 Following summary judgment against plaintiffs Sara and Guy Hart in this wrongful foreclosure action, defendant Nationstar Mortgage LLC obtained its attorney's fees as prevailing party, based on a clause in the deed of trust. On appeal from the fee award, the Harts contend the clause in question is not an attorney's fees provision. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. Summary of Litigation 1

Sara Hart is the mother of adult son Guy. 2 They assert an interest in a house whose title is in the name of Sara's other son, Don Hart. While the intra-family dispute regarding title raged on, nobody was paying the mortgage on the property, which had been taken out exclusively by Don. Nationstar, the successor to the lender, commenced foreclosure proceedings. Sara and Guy brought suit against Nationstar, alleging causes of action for: (1) a preliminary injunction halting the foreclosure sale; and (2) declaratory relief regarding Nationstar's authority to conduct a foreclosure while the title dispute was pending. In their prayer for relief, they sought attorney's fees.

Nationstar obtained summary judgment on the basis that, as Sara and Guy are not borrowers, they…