Cottage Grove Apartment Investors v. Brandenfels

Defendants Bennett appeal a judgment of foreclosure insofar as it provides that plaintiffs’ attorney fees, costs and disbursements shall “survive” the sheriffs sale. We reverse.

Plaintiffs sued to foreclose a deed of trust dated July 1, 1977, from defendants Brandenfels as grantors, who had sold the property on contract to defendants Martin, who had assigned their interest to defendant James Bennett (Bennett). Plaintiffs’ complaint alleged that the Martins had assumed and agreed to perform the Brandenfels’ obligations in their secured note and deed of trust. Plaintiffs also alleged that, when…