Hiding a Mortgage Too Well

3 Pages Posted: 3 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: September 1, 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.

Keywords: Garcia v. Roberts, Leaseback, Mortgage, Purchase Money Loan, Doctrines of Superior Equities

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, Hiding a Mortgage Too Well (September 1, 2009). Available at SSRN: https://ssrn.com/abstract=1774003 or http://dx.doi.org/10.2139/ssrn.1774003

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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