Earp v. Earp

Opinion

KING, J.

In this case we hold that where the lease of a mobilehome park was intended to be security for payment of a debt, the lease was in effect a mortgage, and thus the lessee’s rights to accrued profits from operation of the mobilehome park were limited to the amount of the debt, plus interest. Doris N. Earp appeals from a judgment determining that she owed $290,656 plus interest to her former husband, Kenneth H. Earp, pursuant to her lease of the mobilehome park from Kenneth. We affirm.

A 1983 judgment of dissolution required Kenneth to pay Doris $723,341 plus interest to equalize…