Federal Deposit Insurance v. Fonte

Opinion

SCHALLER, J.

The defendant Richard Matza1 appeals from the judgment of the trial court holding him liable *533on a promissory note. The note was secured by real estate located in Arizona that was disposed of in a trustee’s sale proceeding initiated by the plaintiff2 prior to the commencement of this action. The defendant claims on appeal that the trial court improperly determined (1) that the trustee’s sale proceeding of the Arizona property did not bar1 this subsequent action on the note, (2) the amount of the damages, and (3) that the amount of $35,000 paid by a co-obligor on the judgment…