Rafftery v. Kirkpatrick

In Rafftery v. Kirkpatrick (1938) 29 Cal.App.2d 503, the borrower and her parents were in possession of a residence together. After the lender foreclosed, the father attempted to set aside the foreclosure arguing that his daughter and her husband held the property in trust for the father. (Id. at p. 507.) The court held that the daughter and her husband "held the record title to the property. They resided on it. Usually when the record owners of property live on it the reasonable inference follows that they are in possession of it. This is not destroyed by the fact that other members of the family lived there with them. Under such circumstances a mortgagee would not be put on inquiry as to a secret trust existing in favor of others than the legal owners." (Id. at p. 508.)