California Court of Appeal

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DIECKMEYER v. REDEV. AGENCY OF THE CITY OF HUNTINGTON BEACH, G031869

Partial performance of a secured obligation does not extinguish the lien. Since the deed of trust secures both the note and the affordable housing restrictions, payment of the former will not affect the security for the latter; plaintiff can prepay the loan without defendant's new conditions, but is not entitled to reconveyance of the trust deed.

Appellate Information

  • Decided 05/21/2004
  • Published 05/21/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Jennifer McGrath, City Attorney, and Scott F. Field, Assistant City Attorney, for Defendants and Appellants., Craton & Switzer and Curt R. Craton, Long Beach, for Plaintiff and Respondent.
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