Deeds Of Trust, Prevailing Party, Section 1717: Where Lender Did Get Ruling Saying Plaintiff Had To Repay Loan, That Was A Prevailing Party Determination

Section 1717 Governed In This One, Given Broad Fees Clause In Deed Of Trust.

            In PNG Investments, Inc. v. RG Real Estate Investments, Case No. B280229 (2d Dist., Div. 3 Nov. 20, 2018) (unpublished), plaintiff/cross-defendant won a real estate loan dispute against defendant/cross-complainant. Later, the trial judge awarded plaintiff/cross-defendant contractual attorney’s fees under a broad deed of trust fees clause. That determination was affirmed on appeal. Plaintiff did get broader relief in the form of a judgment ordering defendant to repay the loan, so plaintiff was the prevailing party.

            BLOG OBSERVATION—The deed of trust fees clause was broad, not restricting an award to just adding it to the loan which precluded true fees clause recovery under some recent cases we have posted on in our category “Deeds of Trust.”