Tanner v. Shearmire

WINMILL, Judge Pro Tem.

The focal issue presented in this appeal is whether the holders of a promissory note secured by a deed of trust, who sue for a money judgment on the note, are nevertheless subject to the statutory limitations applicable to a deficiency action following foreclosure. In a recent opinion, Frazier v. Neilsen & Company, 115 Idaho 739, 769 P.2d 1111 (1989), the Idaho Supreme Court held that a creditor may sue on a note independent of any foreclosure proceedings. Consistent with Frazier, we affirm the decision of the district court in this case, granting the respondents…