Cal. Ct. App. 2d Dist. · Court of Appeal opinion · January 1, 1986
Related by Seller Proceeds + Wire Instructions · Seller ProceedsRuth v. Lytton Savings — California Court of Appeal
California Court of Appeal, First District, Division One · 266 Cal.App.2d 831
Teaches automatic subordination escrows: recording order alone does not cure loans that violate express subordination caps on amount, rate, or lien priority.
Published appellate opinion only. Protective Equity Trust v. Bybee (1991) 2 Cal.App.4th 139 (supporting link) applies Ruth subordination limits to construction-loan escrows.
- Court / region
- Cal. Ct. App. 1st Dist.
- Case number
- 266 Cal.App.2d 831
- Filed
- January 1, 1968
- Source record
- Court opinion
- Procedural posture
- Court of Appeal opinion
- Money movement stage
- Seller proceeds stage
- Record gap
- Authorization gap
- Strongest reviewed source
- Published opinion
- Allegation / finding status
- Court ruling
- Disposition
- Court of Appeal opinion
- Last posture checked
- 2026-05-31
- Reviewed
- 2026-05-31
What happened
Court held an escrow holder breached written subordination instructions by closing with junior seller deeds and oversized construction loans, entitling sellers to damages measured by the security they lost.
What it hinged on
Amount involved
Amount not stated in reviewed source.
Result
Court of Appeal opinion
Why this belongs here
Teaches automatic subordination escrows: recording order alone does not cure loans that violate express subordination caps on amount, rate, or lien priority.
Documents to inspect
- Seller instructions
- Authorization request
- Callback log
- Wire confirmation
- Closing statement
- Escrow instructions
This list is inferred from the topic pattern, not asserted as an extracted document list for this case.
What the file needed to show
Current reviewed metadata frames the file issue this way:
Timeline
Topics
Seller Proceeds·Wire Instructions
Related patterns
Related records are selected from shared topics, hinge category, court type, and posture. They are discovery aids, not claims that the facts or results match.
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Source record
What this record does not show
This reviewed record does not show a court finding that any company or person did anything wrong unless the linked source expressly says so. Read the primary source for allegations, posture, and outcome.
Limit: Published appellate opinion only. Protective Equity Trust v. Bybee (1991) 2 Cal.App.4th 139 (supporting link) applies Ruth subordination limits to construction-loan escrows.