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California Community Property Keyed to Carrillo, 11th Ed.
Lezine v. Security Pacific Financial Services, Inc.
Citation:
925 P.2d 1002 (1996)Facts
During their marriage, Gloria and Henry Lezine purchased the Halm Avenue property as their residence. In 1989, Henry forged Gloria’s signature on a quitclaim deed, falsely divesting her of any interest in the property. The quitclaim deed was recorded in January 1990. On the same date, Henry obtained a $240,000 loan from Guardian Savings secured by a deed of trust; approximately $106,300 was used to pay community debts, but the balance was not used for community benefit. In April 1990, Henry obtained a $100,000 line of credit from Security Pacific secured by another deed of trust, with approximately $60,000 advanced. Gloria was unaware of both transactions, and no portion of the Security Pacific proceeds benefited the community. Gloria discovered the deeds of trust and filed an equitable action to set them aside in June 1990, the same day she filed for dissolution of marriage. Following trial, the court set aside both deeds of trust as void under Droeger v. Friedman, Sloan & Ross, awarded Guardian an equitable lien for the amount used to retire community debt, and granted money judgments against Henry personally in favor of both creditors. Security Pacific recorded an abstract of judgment in April 1992. Three months later, in July 1992, the dissolution court awarded the Halm Avenue property to Gloria as her separate property and assigned the debts exclusively to Henry. When Gloria discovered the recorded abstract, she moved to clarify that it did not constitute a lien on her property.
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