Ziegler v. Barnes

Opinion

SONENSHINE, Acting P. J.

William Barnes appeals a judgment allowing Leland Ziegler to collect on a promissory note secured by a second trust deed which became valueless upon foreclosure by the construction money lender. Barnes contends the note was a purchase money obligation for which a deficiency judgment is proscribed under Code of Civil Procedure section 580b 2 and which fails to meet the requirements, pursuant to which section 580b would not apply, outlined in Spangler v. Memel (1972) 7 Cal.3d 603 [102 Cal.Rptr. 807, 498 P.2d 1055].

I

In 1978, Leland Ziegler and his wife created a…