Talbott v. Hustwit

Opinion

ARONSON, J.

Defendants William and Janyce Hustwit challenge a judgment entered against them on a guaranty agreement after the lender foreclosed on real property securing a loan made to the Hustwits’ trust. The Hustwits contend the trial court erred in refusing to apply Code of Civil Procedure section 580a,1 which requires an appraisal of the real property security before the court may issue a deficiency judgment. The Hustwits assert that the general policy against excess recovery by creditors following the foreclosure of real property requires applying section 580a to guarantors as well…