California Court of Appeal

Judgment declaring valid a notice of default and election to sell under a deed of trust is affirmed where: 1) an agreement by which a lender agreed to forbear from exercising the right of foreclosure under a deed of trust securing an interest in real property comes within the statute of frauds; and 2) the borrowers in this case failed as a matter of law to establish estoppel to assert the statute of frauds.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Steven R. Young and Jim P. Mahacek for Plaintiffs and Appellants.


• For Appellees:
  
• The Ryan Firm, Timothy M. Ryan and Barry G. Coleman for Defendants and Respondents.