Family Bank of Commerce v. Nelson

Plaintiff brought an action for the judicial foreclosure of a trust deed and a deficiency judgment. Before trial, plaintiff moved to amend its complaint to be an action on the note secured by the trust deed. The trial court denied the motion to amend and granted a decree of foreclosure, but not a deficiency judgment. Plaintiff appeals and assigns as error the denial of the motion. We reverse. 1

In March, 1982, defendant signed a promissory note to extend a loan made by plaintiff to defendant. The note was secured by a trust deed on defendant’s duplex. When the note was signed, the duplex was…