Green
Green v. Future Two
Opinion
Opinion
Willard, J.
Plaintiffs appeal from a judgment in their own favor on a promissory note and for foreclosure of the deed of trust securing the note. They contend (1) that the trial court erred in finding the note not to be exempt from usury restrictions, and (2) that they should have received more than 7 percent per annum interest from the date of maturity of the note to the date of the judgment. We find no error and affirm.
Facts
Respondents are four individuals who are general partners of “Future Two.” The partnership owned real property in Santa Barbara, including one parcel improved with a residence. It needed $130,000 to refinance the improved parcel. Nola Evans, one of the partners and a licensed real estate broker, contacted a friend, Robert Reisner, for the purpose of obtaining a loan. Reisner contacted appellants and arranged a meeting attended by appellants, Evans, his own attorney, and himself. This ultimately resulted in the loan, promissory note, and deed of trust that are the subject of this lawsuit.
On October 5, 1981, appellants furnished respondents $156,000. Respondents immediately paid appellants $26,000 as “points.” They made and delivered to appellants their…