McCray v. Twitchell

WALTERS, Chief Judge.

Virgil and Esther McCray, sellers of a small parcel of land in Gooding County, brought this action to collect the balance due on a promissory note executed by Angus and Leona Twitchell, the buyers. Although the debt was secured by a deed of trust, the sellers did not attempt to foreclose it. They alleged that, because the deed of trust lacked an explicit maturity date, a foreclosure action would have been time-barred under I.C. § 5-214A(l). The trial court disagreed, requiring the sellers to proceed first against the security before a personal judgment on the debt could…