Crane v. Mabry

Defendants appeal from a judgment of foreclosure of a trust deed. They argue that plaintiff was not entitled to the remedy of foreclosure, because he wrongfully accelerated the underlying debt without giving them notice of default and a reasonable time to bring the obligation current. On de novo review, we affirm.

In December, 1981, plaintiff sold real property to defendants,1 who executed a promissory note and gave a trust deed as security. In 1983, defendants pledged additional collateral to secure the obligation. The note provided for monthly payments of $400 on the first day of each month…