Brant v. Hargrove

632 P.2d 978 (1981)

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Nature of the Case

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Facts

P sued to recover the amount due on a promissory note and to foreclose a deed of trust on certain real property. Hargrove (Ds) were the personal representative and heirs of the estate of Anastasia Mercer. Nick and Anastasia Mercer (husband and wife) owned the property as joint tenants with the right of survivorship. Nick executed a deed of trust and a promissory note on the property for a loan from Ps. Anastasia died before the foreclosure. The trial court granted P's motion for partial summary judgment in that the deed of trust constituted a valid lien upon the property. Ds appealed. Ds contend that Anastasia's purported signature on the deed of trust was not genuine and the loan was usurious. Ps contend that Nick became the owner of the entire property as the surviving joint tenant and under the doctrine of after-acquired property the trust lien attached to the entire property.