Caffaro

This is an appeal by the defendant Albert Romani from a deficiency judgment against him in a suit to foreclose a mortgage upon certain real property in Alameda County. Romani borrowed money from the plaintiffs and as security executed his promissory note, dated April 16, 1913, and due in two years from date for $1,650, payable to plaintiffs. This note contained the following clause: “If this note is not paid at maturity it is.hereby renewed from year to year at the option of the holders until paid, and during such year the maker shall not have the right to pay the same.”

This note was secured by a mortgage upon real property, some of which was situated in the county of Sacramento and some of which was situated in the county of Alameda, California. The mortgage was duly recorded in both these counties. On May 17, 1913', the plaintiffs signed the following release upon the margin of the records of Sacramento County: “This mortgage is fully paid, satisfied and discharged, Louis Caffaro, Francesca Caffaro. Signed and acknowledged before me this 17th day of May, 1913. C. A. Root, County Recorder.” No release was recorded in the county of Alameda and the property situated therein was…