Furesz

Furesz v. Garcia

Good Law
120 Cal. App. 3d 793·174 Cal. Rptr. 803·1981 Cal. App. LEXIS 1880
Court of Appeal of CaliforniaJune 23, 1981Civ. 46797California1,376 words

Opinion

Opinion

Elkington, J.

Plaintiff Julianna Furesz’ appeal is from “that portion of the judgment ... in favor of defendants Andres C. Garcia and Rachel A. Garcia ... providing that plaintiff was not entitled to unaccrued interest after defendants’ breach on their obligations under a promissory note and deed of trust for the sale of certain real property.”

There is no substantial dispute as to the relevant facts.

Plaintiff and her now deceased husband were the payees of a promissory note executed by defendants in 1969 for $24,000, payable in monthly installments of “principal and interest” of $193.35 (not “or more”) over a period of 20 years. The promissory note was secured by a trust deed, of which defendants were trustors, on real property consisting of an improved building lot, and it contained the following provision: “In the event the herein described property or any part thereof, or any interest therein is sold, agreed to be sold, conveyed or alienated by trustor, or by the operation of Law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder thereof and without demand or notice shall immediately become…

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