People v. Nogarr case brief

People v. Nogarr, Ct. of App. of CA, 1958

1. Husband and wife held joint tenancy and separated and he died. Husband gave promissory note and mortgage to parents. Parents allege mortgaged severed the joint tenancy and are now tenancy in common. Parent’s argue they should get $ because they are mortgagee. Wife answered that she was the owner and parents had no right, title or interest.
2. Holding – Mortgage did not severe and did not become tenants in common
   1. Majority are lien states – this case was dealing with a lien state and the mortgage had put a lien on property, but did not move title therefore when the husband died, there was no more lien because his Life Estate died and so did his Contingent Remainder; can’t go after joint survivor
   2. Minority are title states – allows lender to take title when there is default on payments; huge ramifications when in title state
3. Rule – Mortgage creates a lien without changing possession and without any right of possession in mortgagee, does not operate to pass legal title to the mortgagee