Hibernia Savings & Loan Society v. Wackenreuder
99 Cal. 503 ·
Supreme Court of California · Filed
Published · citable
Cited by 1
Holding
The court held that a pending foreclosure action does not abate upon the mortgagor’s death, and the mortgagee may proceed against the estate without first presenting the claim for allowance to the executor, provided the mortgagee expressly waives all recourse against any property of the estate other than the mortgaged property.
Cited by (1)
- MARK S. NOVAK, Plaintiff and Appellant, v. MICHAEL FAY, as Trustee, etc., Defendant and Respondent (2015) 236 Cal. App. 4th 329