Bargioni v. Hill

Defendant purchased a motel and executed a $5,000 note to plaintiff, who had acted as broker in the transaction. The note was secured by a junior trust deed on the motel. Defendant defaulted on the note and plaintiff sued for the balance due, the security having been lost through a private sale under a senior trust deed.- The trial court entered judgment for the amount due. Defendant appeals.

Defendant contends that plaintiff’s recovery is barred by section 580d of the Code of Civil Procedure. ' That section, however, bars recovery only on a note secured by a trust deed or mortgage that has…