O'Neill

FACTS

Foreclosure of Plaintiff’s Home Plaintiff’s home in San Clemente was subject to a first deed of trust owned by Wells Fargo, N.A., and a second deed of trust owned by William Kevin O’Bryon. The first deed of trust had a principal balance of

2 1 $482,653.93. The second deed of trust had a principal balance of $91,668. It is undisputed plaintiff had the ability to cure any default regarding the second deed of trust. In February 2018, plaintiff retained defendants as her attorneys in connection with a pending foreclosure sale of her home by O’Bryon. Defendants’ efforts were ultimately unsuccessful, and plaintiff’s home was sold at a foreclosure auction for $437,000 in July 2018. In addition to paying $437,000, the purchaser was subject to liability for $482,653.93, the remaining balance on the first deed of trust. The proceeds of the $437,000 sale’s price were distributed as follows: (1) $113,581.95 was paid to O’Bryon in satisfaction of the second deed of trust and for costs of the foreclosure; and (2) $323,418.05 of the surplus (i.e., overbid) proceeds was paid to plaintiff.

The Complaint In August 2019, plaintiff filed the operative complaint alleging claims for legal…