Brock v. First South Savings Association
California Court of Appeal
8 Cal. App. 4th 661 (1992)
Facts
Harold Brock (plaintiff) sold a piece of real property to a corporation. The corporation covered a portion of the purchase price by issuing Brock unsecured promissory notes—in effect, promising to pay the rest of the purchase price later. The corporation also paid some of the purchase price in cash from a loan from First South Savings Association (First South) (defendant) secured by a purchase-money deed of trust on the property. The corporation defaulted on both debts. First South foreclosed on the property, and Brock sued, seeking a declaratory judgment that his vendor’s lien took priority over First South’s purchase-money deed of trust. The trial court ruled in favor of Brock, and First South appealed.
Rule of Law
Issue
Holding and Reasoning (Sims, J.)
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