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Hastings Law Journal

Abstract

The California Supreme Court's recent decision in Wellenkamp is considered by many to be one of the most significant rulings in the last decade to affect real property. The court effectively removed the due-on-sale clause from residential financing agreements, generating wide approval from consumers and borrowers. This Note argues, however, that the current benefits of Welenkamp will pale in comparison to its unfortunate side effects. The author concludes with a call for legislative intervention to preserve the fixed rate mortgage.

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