Swiss Prop. Mgmt. Co. v. S. Cal. Ibew-Neca Pension Plan

Opinion

HOLLENHORST, J.

The trial court found that a California Land Title Association (CLTA) form subordination agreement was effective to give the lender’s deed of trust priority over the sellers’ deeds of trust.

In the trial court, and in this court, plaintiff sellers vigorously attack this conclusion, contending that riders to the deed of trust set forth conditions of subordination that were agreed to between the buyer and sellers. The sellers contend that the lender had the duty to ensure compliance with the terms of subordination in the riders and, because the lender failed to do so, the…