Springwoods Shopping Center, Inc. v. University Savings Ass'n

WARREN, Justice.

This is a suit for wrongful foreclosure; the trial court granted a summary judgment decreeing that appellants take nothing.

The principal question is this: Does the mortgagor, in default because of payment delinquencies, have an action against the mortgagee for wrongful foreclosure if the property is sold by a substitute trustee who has not complied with the requirements of the deed of trust pertaining to his qualifying as substitute trustee.

These facts are undisputed:(1) On September 30, 1970, Springwoods Shopping Center, Inc. (Springwoods) entered into an agreement with…