Tully
Tully v. World Savings & Loan Ass'n
Opinion
Opinion
Vogel, J.
Introduction
Plaintiffs and appellants Wayne K. Tully and Cherie Tully appeal from a summary judgment entered in favor of defendants and respondents World Savings and Loan Association (World) and Golden West Savings Association Service Co. (Golden West). The Tullys seek to set aside a nonjudicial foreclosure sale of their residence, based on the lender’s alleged failure to comply with applicable statutory requirements and breach of a repayment agreement. We reverse. There are triable issues of fact material to the Tullys’ claim that World was estopped to proceed with the sale. There is no merit, however, to the Tullys’ claim that World was required to republish notice of sale following the lifting of an automatic bankruptcy stay.
Facts
On April 19, 1991, the Tullys borrowed $435,000 from World evidenced by a promissory note and secured by a first deed of trust on their residence on Topochico Drive, Woodland Hills, California. The trust deed designated World as the beneficiary, and Golden State was the substituted trustee. It was recorded on April 29, 1991, in Los Angeles County.
The Tullys defaulted on the loan in April of 1992. On July 27, 1992, World served and…