The herald., 1895-06-09
Work for the Next Legislature

Editor Herald The law recurring the
MORTGAGE to present claim against the
estate OF the mortgagor, in case the mort
gagged property is homestead,is is source
Of constant danger and frequent loss to
the MORTGAGE, and should be amended.
If, for example, q mortgage securing
loan, a balance OF purchase money. or
any other debt, is given upon home
stead, or upon property which is subse-
quently converted into homestead, and
the property is situated in Los Angeles
county, and at the. time the mortgage is
given the mortgage and the mortgagor
reside within the county ana subsequent
ly to the giving of the mortgage the
mcrtgagor removes to another county
within the state and dies therein. and
his estate is settled there, and on account
OF the difficulty of com munication owing
10 the distance. the mortgage fails 10
hear of the death OF the mortgagor, and
for that reason does not press claim
against his estate, the debt becomes void.
The same danger confronts the mortgagee
If the mortgaged property is situated n
Los Angeles county and the mortgagor
resides in the county and the mortgage
resides in another county within the
state, or in another state or in foreign
country.
| understand that the operation OF this
law recently caused one OF our local banks
to lose debt OF $780, secured by mort
gage upon property situated in San Ber-
nardino county. The law was evidently
enacted for the protection of the heirs in
the settlement of an estate. but the same
protection would be afforded by law re-
quIrng the court to ascertain whether
tine homestead is covered by mortgage
before making an order of distribution.
Ia, bx- a
real estate which is not a homestead is
not affected By the failure of the mort
gagee TO present claim against the es-
tate of the mortgagor, and as a matter
of justice the law should give the mort
gagee the same protection in case the
mortgage covered homestead.
AMEND THE STREET LAW.
Part " of the Vrooman act authorizes
the holder of street improvement bond
secured by a hen upon real estate. to
have tho property sold TO satisfy the lien
without making personal demand upon
the owner and upon the mortgage, in
case the property is mortgaged; and un-
der the street law, without making per-
sonal demand the city can sell real estate
to satisfy an assessment for the opening
or widening of street or for the chang
ing and establishing OF the grade OF a
street.
In order to know whether such a bond
or assessment is about TO be placed upon
property. and thus be prepared to meet
the obligation before the costs and trouble
of redemption are added to it. the owner
and the mortgage must every week
sea. ch the official record of the proceed
ings of the city council, or every day read
the advertisements published by the city
in the official organ OF the city. or con-
stantly skirmish over the street in the
vicinity OF the property in search of
notices of street work. Very few people
have time and n ne ever to do this.
In the matter of opening and widening
streets and establishing the grade of
streets. the assessmet problem is further
complicated by the fact that the law does
not require the posting of notices upon
all the streets IL the district assessed 10
pay for the improvement.
= In case one happens to be interested in
a mum Der of pieces of property situated
in different parts OF a city, imbued as Los
Angeles is with the spirit OF street ex-
tension and improvement the difficulty
g { knowing when to walk up to the cap
tains office and settle is apparent.
An amendment of the street law VIII
would require q persoal demand to be
made upon both the owners and the
mortgages, if by the exercise of due dill.
lgence they could be found, before pro-
cceding to sell the property. In each OF