California Court of Appeal

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Enloe v. Kelso, B241201

Summary judgment for defendant-purchasers against plaintiff-sellers is affirmed, where: 1) when sellers of real estate accept a deed of trust from the purchasers to secure the purchase price, Code of Civil Procedure section 580b prohibits the sellers from obtaining a deficiency judgment in the event the purchasers' default; 2) it does not matter that such a trust deed is given to sellers after the close of escrow, as timing does not change its character; and here, 3) the plaintiffs' trust deed secured a portion of the purchase price so section 580b bars their action.

Appellate Information

  • Decided 07/03/2013
  • Published 07/03/2013

Judges

  • GILBERT

Court

  • California Court of Appeal

Counsel