Does plaintiff have to prove that defendant's mortgage payments were made in lieu of rent?
California, United States of America
The following excerpt is from California Maryland Funding, Inc. v. Lowe, 37 Cal.App.4th 1798, 44 Cal.Rptr.2d 784 (Cal. App. 1995):
Considering the entire record on appeal, and indulging in the presumptions as required (Taormino v. Denny (1970) 1 Cal.3d 679, 686, 83 Cal.Rptr. 359, 463 P.2d 711), we discern no evidence to support the trial court's finding that defendant's mortgage payments were made in lieu of rent. Therefore, plaintiff has failed entirely to negate the hostile element of adverse possession.
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