Wayne A. McFadden - Page 23




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          section 580b of the California Code of Civil Procedure (section             
          580b) prevented him from obtaining a deficiency judgment against            
          either Stephanie or David for the balance of the debt, in effect            
          rendering worthless the balance of the note.                                
               Respondent contends that petitioner either made a gift to              
          Stephanie and David when he did not take collection action, or              
          that he failed to prove the debt was worthless.  Respondent                 
          emphasizes that Stephanie earned $87,148 and $100,744 in 1995 and           
          1996, respectively, and sold houses in both of those years.                 
          Respondent also disputes the application of section 580b.                   
               Petitioner’s decision to take a deed in lieu of foreclosure            
          to the Atascadero property and conclude that the outstanding                
          balance of the Atascadero loan was worthless in 1995 under                  
          section 166 reflected an exercise of sound business judgment.               
               Petitioner’s inquiries into the ways in which Stephanie                
          might satisfy the debt refute respondent’s argument that                    
          petitioner made gifts to Stephanie and David and support the                
          conclusion that the debt was worthless.  In 1995, Stephanie was             
          in dire economic straits from having to service both the Great              
          Western loan and the loan on her home in Oakland, as well as pay            
          rent on an apartment in Texas.  Stephanie informed petitioner               
          that she had to keep her apartment in Texas where she lived and             
          worked, and that she was unwilling to evict her mother to sell              








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