HOLDINGS: [1]-A nonjudicial foreclosure after trial did not render moot the borrower’s appeal from a declaratory ruling in the lender’s favor because the foreclosure did not occur without any fault of the lender and, even though it might have mooted any prospective declaration with respect to the parties’ contractual relationship, it did not preclude granting effectual relief on the borrower’s cause of action for breach of the implied covenant of good faith and fair dealing, as to which a material question of contract interpretation remained; [2]-Because the contract documents, as modified by a forbearance plan, were ambiguous by reason of failure to specify when the difference between the reduced and normal payments would be due, a remand was necessary for the jury to interpret the contract and to determine as a fact issue whether the lender breached the implied covenant.

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Outcome

Judgment reversed.

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