Burkons v. Ticor Title Ins. Co. of Cal.

I respectfully dissent on all issues addressed by the majority and would therefore affirm the judgment of the trial court.

THE ALLEGED BREACH OF THE ESCROW CONTRACT

The crux of the majority opinion is that the documents submitted to Ticor showed Burkons’ intent to subordinate his deed of trust only to a construction loan. I disagree.

The first document executed by the parties was the real estate purchase contract. This contract is a form agreement and contains the following pertinent handwritten language: “Escrow to contain subordination agreement drawn up by buyer’s attorney on a form…