From: Charles Cox [mailto:email@example.com]
Sent: Wednesday, August 15, 2012 7:06 AM
To: Charles Cox
Subject: Separation of Note and Deed of Trust
From Attorney Dan Hanecak,
Today I was told by Judge Brown of the Sacramento County Superior Court that Civil Code 2936 does not apply to deeds of trust because the statute states mortgage. I was also told that Carpenter v. Longan did not apply to the statutory framework of Section 2924 and the nonjudicial foreclosure scheme. I pleaded that the security instrument follows the note and is unenforceable if it is separated to no avail.
I do like Judge Brown, so this is by no means an attack on him, but it took me only 10 minutes of research to prove that I was right.
See attached research.
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