- 23 - 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 sellPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011