California Court of Appeal

Ung v. Koehler, A109532

Civil Code section 882.030, a provision of the Marketable Record Title Act, does not override the 10 or 60 year time limits for the exercise of a power of sale in a deed of trust from the "final maturity date" of the underlying debt. Further, once the beneficiary of a deed of trust has become entitled to claim the 60-year time limit, the beneficiary does not lose that entitlement merely by filing a notice of default that specifies the "final maturity date" of the underlying debt.

Appellate Information

• Decided 12/28/2005
• Published 12/28/2005

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kirby & McGuinn, Martin T. McGuinn, San Diego, for Amicus Curiae United Trustees Association on behalf of Appellant.


• For Appellees:
  
• Law Offices of Daniel P. McLoughlin, Daniel P. McLoughlin, Berkeley;  Law Offices of Andrea Adam Brott, Andrea Adam Brott, San Francisco, for Defendant and Appellant Henry Koehler., McInerney & Dillon, Alexander Bannon, Oakland, for Plaintiff and Respondent Mui Ung.