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California Points & Authorities
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

23-230 California Points & Authorities 230.syn


Trust Deeds and Real Property Mortgages


The Matthew Bender Editorial Staff

Chapter Summary


There is a formal distinction between deeds of trust and mortgages, although a deed of trust is generally considered to be practically and substantially the same as a mortgage. A deed of trust is a transfer of legal title to real property by an obligor or a potential obligor, such as a guarantor, who is the owner, to a trustee for the purpose of securing the obligation, which is usually a debt. A mortgage, on the other hand, is a contract by which the owner uses real property as security for the performance of an act, which is usually payment of a debt. The mortgagor is the property owner; the mortgagee is the person who accepts the property as security, who is usually a creditor. The mortgage imposes a lien on the property but does not effect passage of title or any other incident of ownership.

This chapter of California Points and Authorities contains forms relating to deeds of trusts and real property mortgages. The first part of the chapter includes forms on the remedy of foreclosure. The second part of the chapter discusses the effect of antideficiency legislation on deficiency judgments. The third part of the chapter discusses actions to enjoin or set aide private foreclosure sales. The fourth part of the chapter covers the one-form-of-action rule, which can bar foreclosure or recovery of a personal judgment. The final part of the chapter discusses tortuous impairment of security, and contains forms for recovering damages based on waste of property subject to a deed of trust or mortgage.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.


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For a discussion of how to draft a memorandum of points and authorities or a trial or appellate brief, and for a sample of a complete memorandum, see Ch. 1, Writing Legal Memoranda and Briefs.

For more information on general contract principles, see Ch. 50, Contracts.

For a discussion if temporary restraining orders and preliminary and permanent injunctions, see Ch. 116, Injunctions.

For more information on payment or enforcement of promissory notes, defaults under promissory notes, and defenses to actions for payment of promissory notes, see Ch. 166, Negotiable Instruments.

For a discussion of the appointment of a receiver to take possession of or manage real property subject to a trust deed or mortgage, see Ch. 200, Receivers.


For a discussion and litigation forms relating to proceedings based on the provisions of a trust deed or real property mortgage, including foreclosure proceedings, proceedings to collect rents and profits, proceedings to establish equitable mortgages, and proceedings for damages or injunctive relief based on tortious impairment of the security, see California Forms of Pleading and Practice, Ch. 555, Trust Deeds and Real Property Mortgages (Matthew Bender).

For a discussion and litigation forms relating to enforcement of a judgment of judicial foreclosure by writ of sale and relating to redemption of property after such a sale, see California Forms of Pleading and Practice, Ch. 254, Executions and Enforcement of Judgments (Matthew Bender).

For a discussion and litigation forms relating to preliminary and permanent injunctions, see California Forms of Pleading and Practice, Ch. 303, Injunctions (Matthew Bender).

For additional discussion on deeds of trust and mortgages, see California Real Estate Law and Practice, Ch. 111, Deeds of Trust and Mortgages (Matthew Bender).

For additional discussion and transactional forms, see California Legal Forms--Transaction Guide, Ch. 25A, Security Instruments for Real Estate Financing; Ch. 25B, Subordination, Assumption, and Assignment; Ch. 25C, Release and Reconveyance; and Ch. 25D, Foreclosure (Matthew Bender).
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