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Heckes v. Sapp
California Court of Appeal
229 Cal. App. 2d 549 (1964)
Facts
Jonathan Manor, Inc. purchased real property from John Heckes (plaintiff), paying a portion of the purchase price with a promissory note secured by a deed of trust on the property. Several individuals (guarantors) (defendants) agreed to serve as guarantors under the note. The property was also subject to a more senior deed of trust held by unrelated parties. The holders of the more senior deed of trust foreclosed on the property, wiping out Heckes’s security interest. Heckes then sued the guarantors to hold them personally liable on the note. The trial court held that California Code of Civil Procedure § 580b barred Heckes’s action. Heckes appealed.
Rule of Law
Issue
Holding and Reasoning (Schottky, J.)
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