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LUTHER BURBANK SAV. & LOAN v. COMMUN. CONST.

No. F027162.

75 Cal.Rptr.2d 367 (1998)

64 Cal.App.4th 652

LUTHER BURBANK SAVINGS AND LOAN ASSOCIATION, Plaintiff and Respondent, v. COMMUNITY CONSTRUCTION, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

June 8, 1998.

Attorney(s) appearing for the Case

Klein, Wegis, DeNatale & Goldner and Thomas V. DeNatale, Jr., Bakersfield, for Defendants and Appellants.

Hanson, Bridgett, Marcus, Vlahos & Rudy, Robert L. Rusky and Richard N. Rapoport, San Francisco, for Plaintiff and Respondent.

OPINION

VARTABEDIAN, Associate Justice.

This is an appeal from a deficiency judgment entered after a lender judicially foreclosed on real property. In a judicial foreclosure action involving a transaction where a deficiency is not waived or legally prohibited, if the property is sold for less than the amount of the subject secured indebtedness, the creditor may seek a deficiency judgment based on the difference between the amount of the indebtedness and...

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