Legal Opinion
Kearns v. Transamerica Home Loan (In Re Kearns)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided September 2, 2004No. BAP No. CC-03-1529-KMoA. Bankruptcy No. SA 96-13879-RA. Adversary No. SA 98-01747-RAPublishedCited by 3 opinions
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
This secured consumer loan question of apparent first impression requires that we harmonize California’s so-called “one-action/security-first” real estate foreclosure statute with its “mixed collateral” variation of Uniform Commercial Code § 9-604, which regulates enforcement of rights when one loan is secured by both real and personal property.
The narrow question is whether the exercise of nonjudicial remedies against personal property collateral under California Commercial Code § 9604 renders unenforceable a lien on real property by virtue of California Code…
2Cases cited9 opinions
- Western Security Bank v. Superior CourtCalifornia Supreme Court · 1997
- Freedland v. GrecoCalifornia Supreme Court · 1955
- Security Pacific National Bank v. WozabCalifornia Supreme Court · 1990
- Walker v. Community BankCalifornia Supreme Court · 1974
- Hatch v. Security-First National BankCalifornia Supreme Court · 1942
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wilson v. Arkison (In Re Wilson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Espinoza v. Bank of America, N.A.District Court, S.D. California · 2011
- Kearns v. Transamerica Home LoanCourt of Appeals for the Ninth Circuit · 2006