Brewer

Home Owners Auto Finance Company appeals from a summary judgment. Respondent’s complaint for declaratory judgment and quiet title alleges that on May 18, 1965, respondents entered into a conditional sales contract (Security Agreement) with Louis Motor Sales for the purchase of a used 1964 Cadillac for the total purchase of $4992.96, to be paid by respondents to Louis Motor Sales on May 25, 1965, seven, days later. It is admitted the “Security Agreement” entered into by respondents and by Louis Motor Sales was the type of conditional sales contract covered by the Rees-Levering Automobile Sales Finance Act (Civ. Code, §§ 2981-2984.3) and that it was in strict compliance with those Civil Code sections.

On May 18, 1965, the very day the Security Agreement was executed, it was assigned in writing by Louis Motor Sales to appellant. Two days later, on May 20, respondents and appellant amended the Security Agreement to provide for five-year financing and for a new balance of $8,038.63. Concurrently with the execution of the amended Security Agreement, although not mentioned therein, appellant asked for and received from respondents a trust deed to a parcel of improved real…