Watson v. Collins

In this action to foreclose a deed of trust we must deal with respondents’ procedural right to intervene in the action and respondents’ substantive right to defend it upon the ground that their payments conformed to the terms of the obligation secured by the deed. We have concluded that appellant cannot successfully attack the intervention at the appellate level when she failed to object to the motion to intervene in the trial court. As to the substantive issue, we believe that respondents may raise the defense that their promissory note did not conform to the deed and failed to express the…