In re Sukhu

OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

This case concerns the degree to which sections 882.020-882.040 of the California Civil Code overrule prior judicial decisions holding that a power of sale under a deed of trust .is never barred by the statute of limitations. I conclude that under the statute enforcement of a deed of trust is not barred when an action on the underlying obligation is barred, but only when the special non-tolling statute of limitations established by section 882.020 has run.

The relevant facts are simple and are undisputed. Debtor executed a promissory note in favor of…