Facts

Plaintiff Ellie Chappel sued for breach of contract and wrongful foreclosure after a non-judicial foreclosure. Plaintiff alleged that because the Deed of Trust was reconveyed defendants could not foreclose on the property.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the Deed of Trust was reconveyed and paid off and therefore foreclosure was improper.

DEFENDANT'S CONTENTIONS: Defendants disputed the allegations and showed pursuant to the judicial notice that the reconveyance was recorded in error and a Modification was entered into between the parties releasing each other of liability as to the reconveyance.

Insurer

None

Damages

Loss of properties

Result

The court sustained the demurrer to the Third Amended Complaint without leave to amend. The court awarded $125,000 in attorney fees and $1,932.92 in costs to defendants.