Vincent v. Garland - 14 Cal. App. 2d 725, 58 P.2d 1320 (1936)

Rule:

If an action for foreclosure of a mortgage may be maintained at all after payment by the original mortgagors, it may be maintained in the name of the original party. In case of transfer of interest, the action or proceeding may be continued in the name of the original party. Cal. Code Civ. Proc. § 385.

Facts:

The mortgagors of property conveyed it to the purchaser subject to the mortgage. After the mortgage became due and was not paid, the mortgagee instituted an action against the mortgagors and the purchaser to foreclose the mortgage. Before judgment in the foreclosure action, one mortgagor paid the sum due on the mortgage. A foreclosure decree was entered and a sheriff sold the property to the original mortgagee. The purchaser brought an action to quiet title to the property against the mortgagors shortly prior to the expiration of the period of redemption. The trial court ruled that the purchaser was to take nothing and that she had no right, title, interest, or estate in the property. The purchaser appealed.

Issue:

Did the trial court err in ruling that the purchaser has no right, title, interest, or estate in the property? 

Answer:

No.

Conclusion:

On appeal, the court held that the trial court's judgment was correct because, if the foreclosure action could have been maintained at all after payment by the original mortgagors, it could have been maintained in the name of the original mortgagee.