BAYPOINT MORTGAGE v. CREST PREMIUM REAL ESTATE

Docket No. B006342.

168 Cal.App.3d 818 (1985)

214 Cal. Rptr. 531

BAYPOINT MORTGAGE CORPORATION, Plaintiff and Respondent, v. CREST PREMIUM REAL ESTATE INVESTMENTS RETIREMENT TRUST, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

May 28, 1985.


Attorney(s) appearing for the Case

COUNSEL

Iungerich & Huang, Russell Iungerich and Jack Oswald for Defendant and Appellant.

Cedric Troncoso for Plaintiff and Respondent.


OPINION

JOHNSON, J.

In this case the trial court granted a preliminary injunction against the foreclosure of a number of trust deeds. The principal legal issue is whether a beneficiary of a trust deed can foreclose for tardy payment of an installment during the period before late payment charges accrue. We conclude the trial court did not abuse its discretion in finding the balance of hardships burdened the party against whom foreclosure...

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