Does the statute of limitations affect the enforcement of the power of sale contained in a deed of trust?

California, United States of America


The following excerpt is from Penzner v. Foster, 170 Cal.App.2d 106, 338 P.2d 533 (Cal. App. 1959):

Appellants did not assume the indebtedness; they merely purchased the property subject to the encumbrance which had been properly recorded and of which they had received actual notice by the escrow agreement. Their contention that the statute of limitations vitiated the deed of trust and entitled them to a decree quieting title against the holders of the note and deed of trust is without merit. The enforcement of a power of sale contained in a deed of trust is never outlawed by a lapse of time alone. As was said in Sipe v. McKenna, 88 Cal.App.2d 1001, 1006, 200 P.2d 61, 64:

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