EVANS v. CALIFORNIA TRAILER COURT, INC.

Docket No. F019607.

28 Cal.App.4th 540 (1994)

33 Cal. Rptr.2d 646

WILLIAM EVANS et al., Plaintiffs and Appellants, v. CALIFORNIA TRAILER COURT, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

September 20, 1994.


Attorney(s) appearing for the Case

COUNSEL

Brian C. Davis for Plaintiffs and Appellants.

Kroll, Loeffler & Waggoner, Waggoner & Loeffler, Susan E. Burns and Michael G. Loeffler for Defendants and Appellants.


OPINION

THAXTER, J.

We decide here that the antideficiency statutes do not bar an action under the following circumstances:

1) The seller/beneficiary holds two trust deeds on the same real property, each securing a separate note for $300,000;

2) The seller/beneficiary reacquires the property at a nonjudicial foreclosure sale of the senior deed of trust with a credit bid which is less than the full amount of indebtedness...

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