JAMES T. PALM et al., Plaintiffs and Respondents,
v.
JOHN R. SCHILLING, Defendant and Appellant.
Court of Appeals of California, Fourth District, Division Three.https://leagle.com/images/logo.png
February 29, 1988.
February 29, 1988.
Attorney(s) appearing for the Case
COUNSEL
Wenke, Evans & Ikola, Wenke, Taylor, Evans & Ikola and Richard A. Derevan for Defendant and Appellant.
Douglas K. Wallace for Plaintiffs and Respondents.
Court of Appeals of California, Fourth District, Division Three.
OPINION
CROSBY, J.
(1a) The antideficiency provisions of Code of Civil Procedure section 580b may not be contractually waived as a condition of the encumbrance of real property with a purchase money mortgage or deed of trust or the renegotiation of an obligation, so long as it continues to be secured with the original real estate. The superior court erred in upholding a waiver of the latter variety here. We reverse accordingly...
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