Long v. Superior Court

Opinion

WOODS, P. J.

Plaintiff sought in an action on a promissory note to recover a purchase money deficiency following defendant’s default in the purchase of real property. By petition for writ of mandate, plaintiff seeks to vacate an order that denied his application for prejúdgment attachment, on the ground that Code of Civil Procedure section 580b bars recovery of the purchase money deficiency. Plaintiff’s subordinated purchase-money second deed of trust was rendered valueless when defendant purchaser defaulted and the subordinating construction loan trust deed was foreclosed upon.

The…