Deed Of Trust, Section 1717: Statutory Duties To Reconvey In Quiet Title Action Allowed Prevailing Party To Obtain Fees Under Contractual Clause Incorporating Those Duties

Integrated Loan Document Transaction Governed The Result.

            In Heier v. Barnett, Case No. G054785 (4^th Dist., Div. 3 Jan. 10, 2019) (unpublished) the appellate court affirmed an award of attorney’s fees to a prevailing party under a contractual fees clause in a quiet title dispute. The appellate court affirmed the fee award. The prevailing party’s entitlement to fees depended on a statutory duty to reconvey a deed of trust, which was incorporated into the contractual agreement. The fees provision in the installment note was broad enough, given the integrated nature of the overall loan, to encompass the duty to convey theory which was at issue in the quiet title action. Justice Goethals authored the 3-0 opinion.