California Court of Appeal January 13, 1983, Civ. 50588 (West v. Buffo)

Opinion

McKIBBEN, J.

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The question on this appeal is whether the rule per-taming to a due-on-sale clause in a deed of trust enunciated in Wellenkamp and Dawn Investment applies to an individual homeowner who sells her home and takes back a promissory note and deed of trust. We hold that it does.

In April 1978, the respondent sold her single faniily residence to Mr. and Mrs.