Ciavarelli v. Zimmerman

OPINION

HOWARD, Judge.

This is an appeal from a summary judgment in a foreclosure action. Appellants contend there existed a factual issue which precluded summary judgment. We do not agree and affirm.

The facts and inferences therefrom considered in the light most favorable to appellants are as follows. On July 22, 1977 appellants executed a new promissory note and deed of trust in order to settle a pending trustee sale that was the result of appellants’ failure to pay on a prior promissory note and deed of trust. The new note required monthly payments and both the note and deed of trust…