Bank of America National Trust & Savings Ass'n v. Burg Bros.

Plaintifl"' sued to recover deficiencies remaining after trustee’s sales under four separate deeds of trust. From the judgment for plaintiff the defendants appealed on the grounds that the trial court failed to apply the provisions of sections 580a of the Code of Civil Procedure and 2924% of the Civil Code, both enacted in 1933. It is the position of respondent that, since the deeds of trust were all executed prior to the enactment of these code sections, the rights of the parties are governed by the law existing at the time of the contracts.

Section 580a of the Code of Civil Procedure…