- 13 - on the Monte Vista Property” and that “The mere possibility that a lender might have made a claim against the estate on the Monte Vista note is insufficient to conclude that the estate was personally liable for the obligation.” The estate’s argument rests on the provisions governing deeds of trust under California law, specifically that contained in Cal. Civ. Proc. Code sec. 580d (West 1976 & Supp. 1995). The statute reads, in pertinent part: No judgment shall be rendered for any deficiency upon a note secured by a deed of trust or mortgage upon real property or an estate for years therein hereafter executed in any case in which the real property or estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust. [Id.] The effect of such section is to prevent a lender who chooses to foreclose on a deed of trust by means of a nonjudicial sale, under the power of sale contained in the trust instrument, from thereafter seeking a deficiency judgment against the debtor. Cornelison v. Kornbluth, 542 P.2d 981, 989-990 (Cal. 1975). At the same time, however, the Supreme Court of California has also made clear that a nonjudicial sale is not the only enforcement remedy available to the lender holding a deed of trust: ‘It seems clear that section 580d was enacted to put judicial enforcement on a parity with private enforcement. This result could be accomplished by giving the debtor a right to redeem after a sale under the power. The right to redeem, like proscription of a deficiency judgment, has the effect of making the security satisfy a realistic share of the debt. * * * By choosing instead to bar a deficiency judgment afterPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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