Appellate Court Clarifies Agricultural Exception to Nonjudicial Foreclosure; Preserves Other Lender Remedies
Jun 13, 2013

The first half of 2013 has brought a series of appellate decisions construing the nonjudicial foreclosure remedies under the Deed of Trust Act, including the first instance (in Schroeder v. Excelsior Management Group, LLC) where an appellate court vacated a sale because of the agricultural exception to nonjudicial foreclosure. Soon after, the Court of Appeals provided clear parameters when that exception may apply and also clarified the limited nature of a prohibited deficiency judgm...

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