Dunbabin v. Brandenfels

This appeal by J.J.M. Corporation follows judgment in favor of Thayer Realty, Inc., and Robert Dunbabin in consolidated mortgage foreclosure actions.

Early in 1974, J.J.M. purchased the Marne apartments from Thayer for cash and a promissory note secured by a deed of trust. Payments on the note were never made. On March 3, 1975, Thayer filed a complaint which sought to foreclose on the deed of trust for nonpayment of the note. J.J.M.'s answer alleged that Thayer, through an alleged agent, had waived payments coming due during rehabilitation construction. It also counterclaimed alleging that the…