Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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. . . .)" (Dover Mobile Estates v. Fiber Form Products, Inc. (1990) 220 Cal.App.3d 1494,
1498 (Dover).) "The law is clear that the trustee's deed conveys to the purchaser the
trustor's interest as of the date that the deed was recorded. (Dover Mobile Estates v.
Fiber Form Products, Inc. (1990) 220 Cal.App.3d 1494, 1498 . . . ; Sain v. Silvestre
(1978) 78 Cal.App.3d 461, 471 . . . ; Hohn v. Riverside County Flood Control etc. Dist.
(1964) 228 Cal.App.2d 605, 612-613 . . . .)" (Homestead Savings v. Darmiento (1991)
230 Cal.App.3d 424, 437.)
       "A lease is generally deemed to be subordinate to a deed of trust if the lease was
created after the deed of trust was recorded. (Bank of America v. Hirsch Merc. Co.,
supra, 64 Cal.App.2d at p. 184 . . . ; Miller & Starr, Cal. Real Estate 2d; § 8:82, p. 422.)"
(Dover, supra, 220 Cal.App.3d at p. 1498.) "Also, there is no dispute that the general
rule is that foreclosure of a senior encumbrance terminates subordinate liens, including
leases. (Hohn v. Riverside County Flood Control etc. Dist. (1964) 228 Cal.App.2d 605,
613 . . . .)" (Miscione v. Barton Development Co. (1997) 52 Cal.App.4th 1320, 1326; see
Dover, supra, 220 Cal.App.3d at p. 1498 ["A lease which is subordinate to the deed of
trust is extinguished by the foreclosure sale. [Citations.]"].) Under traditional California
law, "[a] foreclosure proceeding destroys a lease junior to the deed of trust, as well as the
lessee's rights and obligations under the lease. (Nelson & Whitman, Real Estate Finance
Law (2d ed. [Lawyer's Ed.] 1985) § 15.11, p. 1114.)" (Dover, supra, 220 Cal.App.3d at
pp. 1498-1499.) "Thus, if the sale of the landlord's interest is forced by one having a
superior title to that of the tenant, the tenant's interest will be defeated by the sale under
the deed of trust. (Dover, supra, 220 Cal. App. 3d at p. 1499.)" (Aviel v. Ng (2008) 161
Cal.App.4th 809, 816.)
       "When a lease is executed and recorded prior to the recordation of the deed of
trust, or if the beneficiary of the deed of trust had notice of a prior unrecorded lease at the
time the trust deed was recorded, the lien of the trust deed is junior to the estate of the

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