Wright v. Schock, 571 F.Supp. 642 (1983)

Is a scheme a "common enterprise" if the factor linking the fortunes of the parties is at the option of one of the parties?

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Golden State Home Loans (GSHL) was a broker and servicer of loans secured by deeds of trust on real property. The Wrights invested in GSHL's loans. GSHL had a policy of advancing payments to its investors if the mortgagee paid late, at GSHL's option. GSHL ran into financial difficulty, eventually dipping into escrow accounts to advance payments to investors, bouncing checks, and then entering receivership. Wrights sued the president of GSHL, Schock, alleging violations of securities laws. Schock claimed the investments were not securities because GSHL only made advances on delinquent payments at its option the endeavor lacked the dependency of fortunes necessary to make a common enterprise.

Full case and case summary also available online at: http://www.mlmlegal.com/legal-cases/Wright_v_Schock.php

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Reference Info:State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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