Brinton v. Haight

870 P.2d 677 (1994)

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Nature of the Case

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Facts

D purchased a parcel of real property from P. Part of the purchase price was payable in installments under terms of a promissory note in the amount of $ 64,500. The note was secured by a deed of trust under which Pioneer Title was trustee and P were beneficiaries. By a separate agreement, Pioneer also was designated to act as escrow holder to receive payments on the promissory note and transfer such payments to P or their assignee. On Friday, November 9, 1990, D arrived at Pioneer at approximately 4:00 p.m. and, after being informed that the payoff amount was $53,272.80, began to write a personal check for that sum. Pioneer's escrow supervisor informed D that Pioneer would not accept a personal check and required a cashier's check instead. D left and returned several minutes later with a cashier's check for the $ 53,272.80. D delivered the cashier's check to the escrow supervisor and requested delivery of a trustee's reconveyance deed. The escrow supervisor said that it would be ready the following business day. D then took back the check after it had been in the escrow supervisor's possession for less than ten minutes. Over the weekend, D examined the escrow statement provided by Pioneer and determined that the quoted payoff balance included both a $ 20.00 'payoff fee' and a $ 28.00 'reconveyance charge.' D concluded that neither the escrow agreement nor the deed of trust provided that D were responsible for these charges and, therefore, they should not be required to pay them. On Tuesday, November 13, D delivered a letter to Pioneer that he was not obligated to pay the $28.00 reconveyance fee. He further believed himself obligated to pay only one-half of any escrow fees. D offered to pay to Pioneer by personal check $53,233.80 (principal and interest through November 9 plus $ 11.00 for escrow fees) if Pioneer would agree to reconvey the premises without the payment of the $ 28.00 fee. Pioneer insisted on receiving a $ 2.00 escrow fee and a $ 25.00 reconveyance fee before executing a reconveyance. On November 14, Pioneer sent a letter to D explaining that additional interest accrued since November 9 and that Pioneer was resigning as trustee and that appointment of a new trustee would be necessary in order to accomplish any reconveyance. D made no payments on the note, asserting they remained at all times ready, willing and able to remit the November 9, 1990, payoff amount. Six months after Pioneer resigned, P appointed a successor trustee. On June 10, 1991, P filed this action seeking a judgment for the unpaid principal balance of the promissory note plus interest accrued through date of judgment, and also requesting judicial foreclosure of the deed of trust. The district court awarded judgment for the full amount requested by P. The judgment included interest in the amount of approximately $12,200 and attorney fees totaling approximately $5,000. D appealed.