Miller v. Diversified Loan Service Co.

MILLER, Justice:

These cases have been consolidated for decision and opinion. We consider today whether enforcement of a trust deed, otherwise timely under W.Va.Code, 55-2-5, may nevertheless be barred by laches. The Circuit Court of Cabell County held that laches applied and enjoined sales under the trust deeds. We find this ruling to be erroneous and reverse.

The facts are not disputed. The plaintiffs in each of these cases are homeowners who gave deeds of trust on their property to secure certain notes for home improvement work. Both dealt with the same contractor, State-Wide Supply, Inc.…