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IN RE LENDVEST MORTG., INC.

BAP No. NC 89-1926 RAsO, Bankruptcy No. 188-01058, Adv. No. 189-0100.

119 B.R. 199 (1990)

In re LENDVEST MORTGAGE, INC., Debtor. Frank J. RATTO and Tosca M. Ratto, Appellants, v. Charles E. SIMS, Successor Trustee for the Estate of Lendvest Mortgage, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 3, 1990.

Attorney(s) appearing for the Case

John A. Klein, Santa Rosa, Cal., for appellants.

Barry Milgrom, San Francisco, Cal., for appellee.

Before RUSSELL, ASHLAND, and OLLASON, Bankruptcy Judges.

I. FACTS

In August 1986, R.B. Hawkinson and Beth L. Hawkinson (the Hawkinsons) signed a promissory note in the principal amount of $61,800.00 payable to Lendvest Mortgage, Inc. (Lendvest), secured by a deed of trust on certain property located at 1919 Valencia Street, Napa, California. On or about October 15, 1986, Lendvest assigned the Hawkinsons' note to the appellants, Frank J. Ratto and Tosca M. Ratto (the Rattos). The assignment was accompanied by a Contract...

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