Zaluskey

The Zaluskeys filed an unlawful detainer action November 27, 1964, against the Mundts; the *714 trial court struck the Mundts’ answer, dismissed their cross-complaint, and gave summary judgment to the Zaluskeys. The Mundts appeal.

In 1959 the Mundts had borrowed money and executed a second deed of trust on their real property as security for the loan; the beneficial interest in the trust deed was later assigned to the Zaluskeys. In 1962 the Zaluskeys instituted a trustee’s foreclosure proceedings because the Mundts failed to pay the required monthly payments. The trustee duly scheduled his sale of the property for March 20, 1963. On March 19, 1963, the Mundts filed a debtors’ petition for a bankruptcy arrangement, Chapter XI, and an order issued that day from the United States District Court restraining the foreclosure.

There were numerous hearings before the referee in bankruptcy to determine whether the restraining order should be vacated. The restraining order was continued after each hearing, the trustee duly postponing his sale to a date following that scheduled for the next hearing. In August 1964 the referee vacated the restraining order against foreclosure. On October 9,…