Arrington v. Becker

HOOD, Chief Judge.

The question here is the correctness of the trial court’s finding that appellant assumed the payment of a second deed of trust and was therefore liable for the deficiency existing after foreclosure.

The deed of trust and note secured by it were executed by appellees as part of the purchase price of real property. Some years later they entered into a contract to sell the property to appellant. The contract recited that appellant was to “assume, give, place, take title subject to” first and second deeds of trust of specified amounts. When settlement of the contract was made at…