Visalia Savings Bank v. Curtis

135 Cal. 350 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that the statutory limitation on interest rates for claims against an insolvent estate, codified in Code of Civil Procedure section 1494, applies only to claims presented to and allowed by an administrator for payment from the general assets of the estate, and does not apply to an independent foreclosure action brought under section 1500 to enforce a mortgage lien against the specific property securing the debt.

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