Auernheimer v. Metzen

Plaintiff appeals a trial court judgment denying foreclosure of a trust deed. On de novo review, we reverse.

In April, 1985, plaintiff sold a vacant parcel of real property to defendants. The unpaid balance of the purchase price was represented by a promissory note secured by a trust deed on the property. The trust deed provided that defendants would pay all taxes on the property “before any part of such taxes * * * become past due or delinquent * * The trust deed also provided:

“In the event the within described property, or any part thereof, or any interest therein, is sold, agreed to be…