Bingham v. Lechner

Christopher Demopolis appeals the trial court’s judgment that permanently restrained him from foreclosing on a deed of trust Bernice Bingham had given Demopolis to secure a promissory note. The trial court concluded that the statute of limitations barred Demopolis’s nonjudicial foreclosure proceeding. The court also denied Demopolis’s request to offset the amount owed on the notes against the attorney fees it awarded Ronald Bingham, Bernice Bingham’s personal representative. We agree with the trial court that Demopolis’s nonjudicial foreclosure proceeding is time barred. The trial court did…