Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

Publications

Series

2009

Doctrines of superior equities

Articles 1 - 1 of 1

Full-Text Articles in Law

Hiding A Mortgage Too Well, Roger Bernhardt Sep 2009

Hiding A Mortgage Too Well, Roger Bernhardt

Publications

This article considers the California case Garcia v. Roberts, showing that a sale and leaseback can actually be a mortgage, with the twist that if title to the property goes directly to the lender from a third party seller, rather than from the borrower, the mortgage is one of purchase money rather than refinance.