Brown v. Household Realty Corp.

¶1 This case presents the question of whether a borrower/grantor waives any claims against a lender/ beneficiary arising out of an obligation secured by a deed of trust by failing to request a preliminary injunction or restraining order enjoining a nonjudicial foreclosure sale at least five days before the sale date. We hold that a borrower waives these claims by failing to timely request this relief before the foreclosure sale.

¶2 Richard Brown and his mother, Elva Brown, took out a series of home loans with Household Finance Corporation, secured by corresponding deeds of trust on their home.…