Simmons-Redd

Simmons-Redd v. Scandrick CA2/3

Good Law
Court of Appeal of CaliforniaSeptember 22, 2022B311347California4,996 words

Opinion

Opinion

FACTS AND PROCEDURAL BACKGROUND

The following facts are derived from evidence adduced at the January 2020 bench trial. Henry and Simmons-Redd’s mother, Cleo, married in 1993 and resided at the property, a home they would later jointly own. In or around 2004, they relocated to Alabama to be near Henry’s ailing brother. To fund the purchase of an Alabama property, Henry and Cleo took out a mortgage on their Inglewood home. They offered to sell

1 We refer to the Scandricks by their first names for the sake of clarity; we intend no disrespect.

2 Simmons-Redd the property at the then-current market value of $260,000. Simmons-Redd agreed to pay Henry and Cleo a $40,000 deposit and later repay the outstanding mortgage balance of $220,000. In January 2004, Simmons-Redd and Henry executed a purchase agreement reflecting a $260,000 purchase price, with a $40,000 down payment, resulting in a “remaining balance” of $220,000. The agreement required that Henry add Simmons- Redd’s name to the deed upon receiving the down payment. The agreement further specified: “On February 1, 2004, [Simmons- Redd] would resume [sic] the loan of [Henry] at the property listed above. [Simmons-Redd] would make…

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