Kirkland v. Todd

MONTGOMERY, Judge.

Plaintiff brought this action for a deficiency on a promissory note made by Bear Park, Inc., and guaranteed by Defendants. The deficiency arose after foreclosure of the deed of trust which secured the note. After a trial to the court, judgment was entered in favor of Defendant guarantors. Plaintiff appeals from that judgment. We affirm.

The trial court entered findings of fact and conclusions of law and concluded, inter alia, “defendants’ obligation on the guarantee of [Bear Park’s promissory note] was exonerated by virtue of the material alteration and change in terms of the…