Document Type

Article

Publication Date

9-2009

Abstract

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.

Comments

Originally published in Continuing Education of the Bar, California, Real Property Law Reporter.

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