McCray v. Twitchell

735 P.2d 1098, 112 Idaho 787, 1987 Ida. App. LEXIS 385
CourtIdaho Court of Appeals
DecidedApril 10, 1987
DocketNo. 16532
StatusPublished
Cited by4 cases

This text of 735 P.2d 1098 (McCray v. Twitchell) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCray v. Twitchell, 735 P.2d 1098, 112 Idaho 787, 1987 Ida. App. LEXIS 385 (Idaho Ct. App. 1987).

Opinion

WALTERS, Chief Judge.

Virgil and Esther McCray, sellers of a small parcel of land in Gooding County, brought this action to collect the balance due on a promissory note executed by Angus and Leona Twitchell, the buyers. Although the debt was secured by a deed of trust, the sellers did not attempt to foreclose it. They alleged that, because the deed of trust lacked an explicit maturity date, a foreclosure action would have been time-barred under I.C. § 5-214A(l). The trial court disagreed, requiring the sellers to proceed first against the security before a personal judgment on the debt could be obtained. Accordingly, the trial court denied relief to the sellers and awarded attorney fees to the buyers for defending the action. For reasons explained below, we affirm the judgment of the trial court, including the fee award.

The facts of this case are provided by stipulation of the parties. In 1978, the sellers transferred a parcel of less than twenty acres by warranty deed to the buyers. Simultaneously, the buyers gave the sellers a deed of trust for the property to secure a promissory note for $14,500. By an oversight, the parties did not fill in the blank space provided for the maturity date in the deed of trust form. The deed of trust was duly recorded. The note was not recorded. The note was dated September 1, 1978, provided for interest at the rate of 8x/2% from that date, required a payment of $2000 on May 1, 1979, and provided for monthly payments of $100 commencing on October 1, 1978. The buyers failed to pay the installments due in January and February of 1985. The sellers instructed the escrow agent who was holding the note not to accept late payments and brought this action to collect the balance outstanding on the note. The sellers did not seek recourse against the property pledged as security by the deed of trust.

Idaho’s one-action rule requires that a mortgagee must fully exhaust the security before proceeding against the debtor on the underlying debt. See I.c. § 6-101. “To allow the creditor to retain the security without ascertaining its value, and then to give him a judgment for the full amount of the debt, is contrary to the policy of Idaho law requiring foreclosure prior to recovery on the debt.” Eastern Idaho Production Credit Assoc. v. Placerton, Inc., 100 Idaho 868, 868, 606 P.2d 967, 972 (1980). “The creditor may not simply sue on the debt and collect by execution on the judgment.” Quintana v. Anthony, 109 Idaho 977, 979-80, 712 P.2d 678, 680-81 (Ct.App.1985). The parties are in agreement that this rule is also applicable to an action to collect on a promissory note secured by a deed of trust.1

Here, the sellers sued directly on the debt evidenced by the note. They contend that an action on the deed of trust was presumptively barred by the statute of limitation set forth in I.C. § 5-214A(l). That statute provides:

An action for the foreclosure of a mortgage on real property must be commenced within five (5) years from the date of maturity, as disclosed by the public record, of the obligation or indebtedness secured by such mortgage or by any indenture or other instrument supplemental thereto, as changed by extension, if any, of the time of maturity, filed for record before the expiration of said period of five (5) years. If the public record does not disclose the date of maturity, then the date of the execution of such mortgage or lien shall be deemed the date of maturity of such obligation or indebtedness. (Emphasis added.)

Idaho Code § 45-1515 applies this time limit to deeds of trust.

[789]*789The sellers argue that because the face of the deed of trust included no date of maturity, the date of execution is deemed the date of maturity for purposes of the period of limitation. More than five years elapsed between execution of the deed of trust and filing of the sellers’ complaint. The sellers urge that, because any relief on the deed of trust would be time-barred, they fall within the rule allowing judgment to the promisee on a note where the security is defective or has become valueless. See Edminster v. Van Eaton, 57 Idaho 115, 63 P.2d 154 (1936); First Security Bank of Idaho v. Stauffer, 112 Idaho 133, 730 P.2d 1053 (Ct.App.1986).

The buyers assert that the date of maturity of the deed of trust can be calculated by reference to the underlying, but unrecorded, promissory note. The trial court indicated it was sympathetic to the sellers’ interpretation of I.C. § 5-214A, but concluded that our Supreme Court’s decision in Gebrueder Heideman, K.G. v. A.M.R. Corp., 107 Idaho 275, 688 P.2d 1180 (1984), permitted recourse to documents outside the public record to determine the applicable maturity date. Therefore, the court granted judgment in favor of the buyers.2

In Gebrueder our Supreme Court was confronted with the following set of facts. An Idaho corporation, A.M.R., had guaranteed the payment of a debt by a Utah corporation to a German bicycle manufacturer, Gebrueder Heideman. A.M.R. guaranteed payment by means of a promissory note secured by a mortgage on real property located in Idaho. Upon default by the Utah corporation, the mortgage was recorded and Gebrueder’s assignee sought to foreclose. A.M.R. resisted the foreclosure, asserting the statute of limitation defense provided by I.C. § 5-214A. A.M.R. contended that the mortgage bore no maturity date, and therefore, the applicable date was the date of execution. On appeal, the Supreme Court disagreed with A.M.R.’s position. The Court said:

The mortgage as recorded in the public record is not silent on the subject of maturity. It recites, “This mortgage is intended to secure payment of a certain promissory note ... to wit: ... to fall due and payable in the event of default ... under the terms of that certain Agreement to Guaranty Payment of Trade Acceptances and Instructions to Escrow Agent of even date.” This statement, along with the name and address of the mortgagee seems to be substantial compliance of notice to the public of the maturity date, since the means exist to ascertain the date of maturity or whether the obligation is not mature.

107 Idaho at 281, 688 P.2d at 1186 (emphasis added).

The sellers attempt to distinguish Gebrueder from the case at bar. They contend a broad application of Gebrueder would nullify the “public record” provision of the statute. They argue that the holding in Gebrueder should be limited to cases where the mortgage secures only a conditional debt, such as a guaranty, and so cannot include a maturity date on its face. The sellers also note that, unlike A.M.R., they are not attempting to avoid an obligation. We are not persuaded. Nothing in the Supreme Court’s analysis of “substantial compliance” suggests that its holding was limited to a unique fact pattern.

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Bluebook (online)
735 P.2d 1098, 112 Idaho 787, 1987 Ida. App. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccray-v-twitchell-idahoctapp-1987.