The Prudential Insurance Company of America v. Fifty Associates

OPINION

Before BARNES and CARTER, Cir- - cuit Judges, and LINDBERG, * District Judge.

JAMES M. CARTER, Circuit Judge:

This case presents the question of whether the mortgagee (appellee) or the land owner-mortgagor (appellant) is entitled to the rents from the encumbered land, collected by a receiver, between the date of the filing of a foreclosure by the mortgagee and the date of foreclosure sale. We decide in favor of the mortgagee (appellee) and affirm.

This is the third go-around in the case of Fifty Associates v. The Prudential Insurance Company of America, 446 F.2d 1187 (9 Cir. 1970); and…