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Lezine v. Security Pacific Financial Services, Inc.

Supreme Court of California

925 P.2d 1002 (1996)

Relevant factsFree

Henry Lezine forged his wife Gloria's (plaintiff) signature onto a quitclaim deed for their community-property home, without her knowledge, and used the property as security for a personal loan from Security Pacific Financial Services (defendant). After Gloria discovered the forgery, she filed for divorce and sought to void the security-interest transfer; the trial court voided the transfer but also awarded Security Pacific a judgment against Henry for the loan amount, and Security Pacific recorded that judgment as an abstract in the county where the home was located. The trial court then ruled the judgment abstract would not create a lien on the community home, and Security Pacific appealed, arguing the trial court exceeded its authority; the Court of Appeal reversed, and Gloria appealed.

IssueFree

Whether community real property remains available to satisfy a debt even if the underlying security interest for that debt was set aside.

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