Bisno v. Sax
California Court of Appeal
175 Cal. App. 2d 714 (1959)
- Written by Daniel Clark, JD
Facts
The Bisnos (plaintiffs), a married couple, were in default on a deed of trust held by Rose Sax (defendant) and secured by the Bisnos’ real property. The deed of trust contained an acceleration provision providing that, were the Bisnos in default, Sax could make all future payments due immediately. The Bisnos attempted to tender to Sax an amount insufficient to cover their past-due payments, but Sax refused. Sax issued a notice to sell the property under the deed of trust. The Bisnos filed an action for injunctive relief. The court granted a preliminary injunction on the condition that the Bisnos tender an amount sufficient to make them current on their debt payments, which they did. Nevertheless, the trial court ruled that Sax could proceed with the foreclosure. Sax sold the property to Arthur Kartheiser, who had full notice of the legal dispute between Sax and the Bisnos. The Bisnos appealed, seeking to have the sale invalidated.
Rule of Law
Issue
Holding and Reasoning (Ashburn, J.)
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