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· 3/3/1978

Caito v. United California Bank

Citations

  • 576 P.2d 466
  • 20 Cal. 3d 694
  • 144 Cal. Rptr. 751
  • 1978 Cal. LEXIS 196

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Following a foreclosure sale and satisfaction of the obligation of the creditor who forecloses, subordinate liens against the foreclosed property attach to the surplus proceeds in order of their priority.”
  • wife’s possession not notice of claim that property is her separate property where title held by husband and wife as joint tenants
  • wherein the court held the doctrine of equitable subrogation does not apply when a co-tenant debtor is primarily liable for the full debt
  • equitable subrogation requires that the “debt paid ... be one for which the subrogee was not primarily liable”
  • junior lienor draws from proceeds only after foreclosing senior lienor paid off
  • junior lienor draws from proceeds only after foreclosing senior lienor paid off

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.