Belote v. McLaughlin

HIGGINS, Judge.

Edward and Shirley Belote sought a declaratory judgment and permanent injunction barring Robert and Sharon McLaughlin from foreclosing upon a deed of trust; the deed of trust secured a note made by the Belotes for the purchase of real estate. The trial court granted summary judgment for the McLaughlins, holding that although their failure to counterclaim on the note in the Belotes’ prior suit for breach of contract barred subsequent action on the note, the McLaughlins could still pursue the remedy of non-judicial foreclosure as provided in the deed of trust. The Court of…