Legal Opinion
FEDERAL NATIONAL MORTGAGE ASS'N v. Bugna
California Court of Appeal
Decided August 29, 1997No. Docket Nos. D023202, D023426PublishedCited by 6 opinions
1Opinion of the Court
Opinion
McDONALD, J.
Secured creditor Federal National Mortgage Association (FNMA) claims it is entitled to certain rents from an apartment building pursuant to an “assignment of rents” clause in a trust deed encumbering the apartments. Borrower Randolph C. Bugna (Bugna) contends that FNMA was required by the trust deed to make a postdefault written demand for the rents, and that FNMA’s failure to make the demand bars FNMA from claiming the rents collected prior to a demand. FNMA contends that no demand was necessary and that the steps it took were adequate to entitle it to the rents. Bugna…
2Cases cited14 opinions
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re Leonard J. Siciliano, Debtor. Prudential Savings Bank, PasaCourt of Appeals for the Third Circuit · 1994
- Tahoe National Bank v. PhillipsCalifornia Supreme Court · 1971
- Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
- Franklin Savings Ass'n v. Office of Thrift SupervisionCourt of Appeals for the Tenth Circuit · 1994
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3Cited by6 opinions
- Walker v. Countrywide Home Loans, Inc.California Court of Appeal · 2002
- Action Apartment Ass'n v. Santa Monica Rent Control BoardCalifornia Court of Appeal · 2002
- Brown v. Death Row Records, Inc. (In Re Brown)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- Durbin v. National Loan Investors, L.P.Court of Appeals for the Ninth Circuit · 2004
- Gietzen v. Covenant RE Management, Inc.California Court of Appeal · 2019
1 more not listed; retrieve them via the Exa API.