Estate of Bocek v. Greentree Development Co.

Plaintiffs appeal from a summary judgment in favor of defendants. Plaintiffs claim damages for breach of an alleged agreement in which they consented to the foreclosure of a mortgage in return for a promise not to seek a deficiency judgment against them personally.1 Defendant Far West Federal Savings & Loan Association (Far West) held the mortgage.2 The trial court held that a ruling in an earlier foreclosure action that denied plaintiffs’ motion for relief from the deficiency judgment collaterally estops them from asserting in this case that the alleged agreement existed.3 We reverse.

Defendan…