Otto v. Long

Holding

The court held that a mortgage executed upon property in which the mortgagor holds no legal or equitable interest—neither title, possession, color of title, nor any claim of right—fails to create an enforceable lien, and consequently, the underlying debt is not "secured by mortgage upon real estate" within the meaning of Code of Civil Procedure section 726. Such a debt may therefore be enforced through a personal action without first pursuing the futile act of foreclosure.