Baypoint Mortgage Corp. v. Crest Premium Real Estate Investment Retirement

Opinion

JOHNSON, J.

In this case the trial court granted a preliminary injunction against the foreclosure of a number of trust deeds. The principal legal issue is whether a beneficiary of a trust deed can foreclose for tardy payment of an installment during the period before late payment charges accrue. We conclude the trial court did not abuse its discretion in finding the balance of hardships burdened the party against whom foreclosure was sought. We likewise conclude the court did not abuse its discretion in finding this same party has a reasonable probability of prevailing on the merits in…