Dmc, Inc. v. Downey Savings and Loan Assoc.

Opinion

GAUT, J.

1. Introduction

Plaintiff DMC, Inc. (DMC) filed an action for judicial foreclosure and declaratory relief to determine whether its deed of trust had priority over defendant Downey Savings and Loan Association’s (Downey) deed of trust. After finding that Downey’s purchase-money deed of trust was senior to DMC’s lien, the court granted Downey’s motion for summary adjudication and entered judgment accordingly.

On appeal, DMC claims that, because Downey failed to present any admissible evidence to establish the character of its lien as a purchase-money deed of trust, the court erred…