Brown

Brown v. Johnson

Good Law
159 Cal. Rptr. 675·1979 Cal. App. LEXIS 2330·98 Cal. App. 3d 844
Court of Appeal of CaliforniaNovember 16, 1979Civ. 18172California2,191 words

Opinion

Opinion

Reynoso, J.

We are presented with a single issue upon undisputed facts: whether a person who conveys real property in exchange for promissory notes without obtaining security for payment of those notes can establish a vendor’s lien against subsequent purchasers of the property for value who do not have actual notice of the unpaid promissory notes by recording a “notice of vendor’s lien” with the county recorder. We hold that the recordation of a notice of vendor’s lien does not provide constructive notice to bona fide purchasers for value, and thus we reverse the judgment.

Since it was stipulated that defendants did not have actual notice of plaintiff's vendor’s lien we direct that judgment be entered in favor of defendants.

Defendants Jan M. Johnson, Patricia A. Johnson, Herbert F. Turner, Robert F. Buck, Betty A. Buck, and Placer Savings and Loan Association, appeal from a judgment in favor of plaintiff Mildred Brown, conservator of the person and estate of Mable Witt. (Hereinafter both Mildred Brown and Mable Witt are referred to as plaintiff.) The judgment held that plaintiff is owed the sum of $22,800 from the sale of real property to Jess Brown, and that plaintiff has a lien…

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