Monterey S.P. Partnership v. W. L. Bangham, Inc.

Opinion

LUCAS, C. J.

We consider whether the interest of the beneficiaries under a deed of trust is affected by a default judgment in a mechanic’s lien foreclosure suit in which the trustee under the deed of trust was served with the summons and complaint, but the beneficiaries were not served. We conclude that the beneficiaries’ interest was not affected by the default judgment, and that the successor to the beneficiaries’ interest under the deed of trust therefore owns the property in question free and clear of the mechanic’s lien and default judgment.

I. Facts

By a deed of trust recorded in…