Banco Mortgage Co. v. Steil

CARTER, Justice.

The issue on appeal in this mortgage foreclosure action is whether the district court erred in a pre-decree declaratory ruling that the provisions of the mortgage instrument do not impose upon the plaintiff-mortgagee a waiver of its right to claim a deficiency judgment against the mortgagors following execution sale. For reasons which are set forth later in this opinion, we affirm that ruling.

The ruling of the district court from which appeal has been taken came in response to a motion filed in the foreclosure action by the defendants-mortgagors. In *786the motion, they asserted…