MacK v. Golino

WOOD, J.

Action to set aside a trustee’s sale of real property under the provisions of a trust deed. Judgment was for defendants, and plaintiff appeals.

Appellant contends that the sale was invalid because there was no proper publication of notice of sale; and that the evidence was insufficient to support the finding that the sale was regularly conducted.

The trust deed (which was a second trust deed) was executed on November 4, 1946, by Caroline C. Starr in favor of

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defendants to secure the payment of a promissory note for $564.58, which note was payable 90 days after said date. On March 13, 1947, defendants caused a notice of default to be recorded. On June 17, 1947, a notice of trustee’s sale was sent by mail to Mrs. Starr, and a notice of the sale was posted on the property. A notice of the sale was published in a newspaper, duly authorized to publish such a notice, on June 20, June 27, and July 4, 1947. Those notices recited that the sale would be held on July 7,1947, at 10 a. m., at the east entrance of the Hall of Justice in Los Angeles. On said July 7th, the defendants authorized the trustee, upon the request of Mrs. Starr, to postpone the sale for two months. A representative of the corporation, which was the trustee, testified that the trustee postponed the sale for two months from said July 7th. It does not appear, however, in what manner the postponement was made. The defendants sent a letter, dated September 15, 1947, to the trustee wherein they asked the trustee to proceed with the sale, and they also stated therein “I will try to attend the sale if you are able to hold it on Wednesday, September 17th.” The said representative also testified that the sale was held on September 17, 1947; that Mrs. Marie Golino was at the sale; and that, “There were no bidders, so it was sold to Mrs. Teter [Golino] for the actual indebtedness against the deed of trust.”

On March 12, 1947, a petition for the appointment of a guardian of the estate of Mrs. Starr, an alleged incompetent person, was filed. On August 15, 1947, it was adjudged that she was incompetent, but the guardian appointed on that date did not qualify as such guardian. On October 8, 1947, the present guardian was appointed, and on that date she qualified as guardian. This action by said guardian was filed on November 6, 1947. At the time of the sale herein, the unpaid amount of the first trust deed on said property was $1,166.68. The appraised value of the property on January 12, 1948, according to an appraisal in the guardianship proceeding, was $7,500.