California Court of Appeal

In plaintiffs' quiet title action to extinguish a lien of deed of trust held by defendants against their property, summary judgment in favor of plaintiffs is reversed as a notice of default does not constitute a part of the record for purposes of Civil Code section 882.020(a) where the loan's maturity date was not ascertainable from the record, and as such, the defendants' rights to enforce the terms of the deed of trust had not expired and will not expire until 60 years following the recording of the deed of trust.

Appellate Information

• Decided 10/13/2009
• Published 10/13/2009

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Heiser Law Corporation and Jeffrey D. Heiser, Stockton, for Defendants and Appellants., Mullen Sullivan & Newton and Craig Rasmussen, Lodi, for Plaintiffs and Respondents.