Cosentino v. Coastal Construction Co.

Opinion

YEGAN, J.

Coastal Construction Company (hereafter seller) appeals from a declaratory relief judgment enjoining it from foreclosing on a purchase money deed of trust. The trial court ruled that Probate Code section 9391 barred enforcement of the trust deed because seller failed to file a creditor’s claim with the debtor’s estate waiving recourse against other property in the estate. Section 9391 provides: “The holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment lien, may commence an action to enforce the lien against the…