Legal Opinion · Dissent
Miscione v. Barton Development Co.
California Court of Appeal
Decided February 24, 1997No. E015549Published
1DissentHollenhorst, Acting P. J.
I dissent.
I agree with the majority that (1) the nonjudicial foreclosure of a trust deed extinguishes a subordinate lease and (2) the lender did not exercise an option to obtain a subordination agreement that would change this result by making the lease senior to the deed of trust.
I disagree with the majority’s conclusion that there was nevertheless a subordination agreement here because (1) the lease contained an attornment clause and (2) the lender requested payment of rent to it after the foreclosure.
I agree with the trial court that the lease, including the attornment clause, was…
2Cases cited7 opinions
- Dover Mobile Estates v. Fiber Form Products, Inc.California Court of Appeal · 1990
- Homestead Savings v. DarmientoCalifornia Court of Appeal · 1991
- R-Ranch Markets 2, Inc. v. Old Stone BankCalifornia Court of Appeal · 1993
- Protective Equity Trust 83, Ltd. v. BybeeCalifornia Court of Appeal · 1991
- Krasner v. Transcontinental Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
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