Deeds of Trust
Tuesday, April 16, 2019
JP Morgan Chase Bank v. Ward
Cal.App. 4th Dist., Div. 1 (D073378) 3/28/19
A deed of trust was executed in 2007 but was never recorded. The trial court sustained a demurrer without leave to amend because plaintiff bank's complaint sought to correct the deed of trust on the basis of mistake, and that claim was barred by the statute of limitations. The appellate court reversed, holding that, while the cause of action asserted by plaintiff was indeed barred by the statute of limitations, plaintiff should be allowed to amend its complaint to assert a cause of action for restoration of a lost deed under Civil Code Section 3415(a). The court also held that a signature by the sole trustee and beneficiary of an inter vivos revocable trust is sufficient to convey good title to trust property, citing Galdjie v. Darwish (2003) 113 Cal.App.4th 1331.