Hoffman

Defendants Marvin E. Hoffman and Jewel M. Hoffman, successor trustors, appeal from a minute order awarding surplus receivership funds on deposit with the court in the amount of $5,504.10 to David F. O’Brien, Frances M. O’Brien, Mary L. Morrison and Leroy Morrison, Jr., present owners of the Round Table Apartments and former successor beneficiaries under the second deed of trust upon the apartments. 1 The order was made subsequent to the discharge of the receiver; it is therefore appealable as an order on a collateral matter made subsequent to a judgment. (See Code Civ. Proc., § 904.1, subd. (b); 6 Witkin, Cal. Procedure (2d ed. 1970) Appeal, § 79, p. 4091.)

The Hoffmans challenge the order under appeal on two main grounds: (1) the procedure culminating in the order was fatally erroneous; (2) in any event, no legal basis exists for the disposition made. We disagree and affirm.

*309 Facts

The receivership was obtained by plaintiff, United Savings and Loan Association of California, the beneficiary under the first deed of trust on the apartments, as a means of enforcing (upon default) the assignment of rents made to it by the Hoffmans as additional security under its deed…