EUREKA FEDERAL SAV., ETC. v. FLYNN

Nos. C-81-2868 SAW, C-81-3719 SAW to C-81-3721 SAW, C-81-4085 SAW and C-81-4496 SAW.

534 F.Supp. 479 (1982)

EUREKA FEDERAL SAVINGS & LOAN ASSOCIATION OF SAN FRANCISCO, Plaintiffs, v. Michael J. FLYNN and Kathleen Flynn, and Does 1 through 5, inclusive, Defendants. EUREKA FEDERAL SAVINGS & LOAN ASSOCIATION OF SAN FRANCISCO, Plaintiff, v. Ronald J. PATTERSON and Does 1 through 5, inclusive, Defendants. EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO, a federally chartered savings and loan association, Plaintiffs, v. Francisco TEODORO and Leticia Teodoro and Does 1-5, inclusive, Defendants. EUREKA FEDERAL SAVINGS & LOAN ASSOCIATION OF SAN FRANCISCO, Plaintiff, v. Ronald J. PATTERSON and Does 1 through 5, inclusive, Defendants. EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO, a federally-chartered savings and loan association, Plaintiff, v. Jose Luis CUADRA, Celia M. Cuadra, and Does 1-5, inclusive, Defendants. EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO, a federally-chartered savings and loan association, Plaintiff, v. Gerald GROSSMAN and Does 1-5, inclusive, Defendants.

United States District Court, N. D. California.

March 9, 1982.


Attorney(s) appearing for the Case

Richard A. Canatela, San Carlos, Cal., for all plaintiffs.

Michael J. Flynn, San Francisco, Cal., for defendants Flynn, et al.

Fred Crane, Riverside, Cal., for defendant Ronald J. Patterson, et al.


ORDER

WEIGEL, District Judge.

These cases have been related by an Order filed November 17, 1981. In each case, defendant or defendants are purchasers of real property. In connection with their respective purchases, defendants assumed the prior owner's promissory note and deed of trust executed in favor of plaintiff (Eureka). The promissory notes and deeds of trust contained "due-on-sale" clauses which provided that, upon sale of the property, the entire...

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