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WEST v. BUFFO

Docket No. 50588.

139 Cal.App.3d 93 (1983)

188 Cal. Rptr. 535

MICHAEL WEST et al., Plaintiffs and Appellants, v. IDA M. BUFFO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

January 13, 1983.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Matteucci and LaCroix & Schumb for Plaintiffs and Appellants.

John F. Mallen, in pro. per., Mallen & Cabrinha and Frank Ubhaus for Defendants and Respondents.

OPINION

McKIBBEN, J.*

(1) The question on this appeal is whether the rule pertaining to a due-on-sale clause in a deed of trust enunciated in Wellenkamp and Dawn Investment applies to an individual homeowner who sells her home and takes back a promissory note and deed of trust. We hold that it does.

In April 1978, the respondent sold her single family residence to Mr...

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