In plaintiffs' quiet title action to extinguish a lien of deed of trust held by defendants against their property, summary judgment in favor of plaintiffs is reversed as a notice of default does not constitute a part of the record for purposes of Civil Code section 882.020(a) where the loan's maturity date was not ascertainable from the record, and as such, the defendants' rights to enforce the terms of the deed of trust had not expired and will not expire until 60 years following the recording of the deed of trust.
Filed October 13, 2009
Opinion by Judge Nicholson
For Appellant: Heiser Law Corporation and Jeffrey D. Heiser
For Appellee: Mullen Sullivan & Newton and Craig Rasmussen