Benkahla v. White

By Judge Jonathan C. Thacher

This matter came before the Court on November 19, 2010, on Defendants’ demurrer. Upon consideration of the pleadings, arguments of counsel, and the applicable governing authorities, the Court overrules Defendants’ demurrer.

Background

In October 1997, Plaintiff Anthony Benkahla executed a promissory note (“Note”) in the amount of $194,000 made payable to L.L. Funding Corp. On the same date, Plaintiff encumbered his single family home with a deed of trust (“Deed of Trust”) securing the Note. The Deed of Trust also names L.L. Funding Corp. as the beneficiary.

According…