Hiding a Mortgage Too Well
3 Pages Posted: 3 Mar 2011
Date Written: September 1, 2009
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: Suggested Citation