Tomlin v. Cole

Opinion

LUI, J.

Appellant Elsie Mae Cole appeals from a judgment awarding possession of her home to respondents Amos and Mary Tomlin.

Facts

Prior to April 1980, appellant owned her home subject to two deeds of trust. The first deed of trust was held by Hawthorne Savings and Loan with an approximate balance of $20,000; the second deed of trust was held by TRWC Union and had an approximate balance of $15,000.

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Appellant became delinquent in her loan payments and property taxes in the amount of $3,997.40, and attempted to sell her property through a realtor. Respondents made an offer to pay appellant $25,000 for her equity in the property, but she rejected the offer.

A few days later, however, appellant entered into a loan agreement with the respondents for the amount she owed in back taxes and delinquent loan payments. This loan was secured by a third deed of trust executed on April 25, 1980, in favor of respondents.

Appellant again fell behind in her loan payments and on January 13, 1981, TRWC Union issued a 90-day notice to foreclose on the second deed of trust. On January 16, 1981, a notice of default was issued pursuant to the third deed of trust held by the respondents. On October 1, 1981, a foreclosure sale was conducted by the trustee of respondents’ third deed of trust. At the foreclosure sale, the property was purchased by respondents.

Thereafter, respondents filed an unlawful detainer action for possession of the property. Appellant filed a cross-complaint alleging, inter alia, violation of Civil Code section 2945 et seq., dealing with the mortgage foreclosure consultants.

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Following a trial, judgment was entered for respondents in the unlawful detainer action and against appellant on her cross-complaint. This timely appeal followed.

Contention

Appellant contends that the trial court erred in holding that section 2945 et seq. were inapplicable to the loan transaction between appellant and respondents.