Bankers Trust Co. of California v. Weidner

HARRIS, Judge.

Bankers Trust Co. of California, N.A. successfully obtained a summary judgment of foreclosure of the property involved in this action. A foreclosure sale was set for December 19, 1996. There is no question that the summary judgment was properly entered. The mortgagor, however, died on December 3, 1996 leaving two children. Her father moved to be appointed guardian of the minor child and petitioned the court to stay the foreclosure sale for at least 90 days. The court went him one better and granted the stay indefinitely. Bankers Trust seeks cer-tiorari; we grant it and reverse.

Th…