Doty v. West Gate Bank, Inc.

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Doty v. West Gate Bank, Inc.

Case Number
Call Date
December 1, 2015
Court Number
Case Summary

S-14-1060, Owen L. Doty, Joy A. Doty, Ronald L. Doty, and Angela J. Doty v. West Gate Bank, Inc. (Appellant)

Lancaster County, Hon. Andrew Jacobsen

Attorneys: Gregory S. Frayser (Cline Williams) (Appellant); Joel G. Lonowski, Andrew K. Joyce (Morrow Poppe)

Civil: Declaratory Judgment ' Deeds of Trust

Proceedings below: District court overruled Bank's motion for summary judgment and sustained the Dotys' motion for summary judgment; court ordered that as a result of Bank's failure to timely bring action to recover balance due on note for which deed of trust had been given as security, receipt of proceeds of trustee's auction constituted payment in full of note and Bank was prohibited from taking any action to collect additional amounts it asserted were due on note.

Issues: Whether the Bank's failure to timely commence an action under Neb. Rev. Stat. '76-1013 with respect to one deed of trust precluded it from taking action to collect deficiency by pursuing other security.