California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 3 — Real Estate RegulationsArticle 5 — Transactions in Trust Deeds and Real Property Sales ContractsSection 10233.2
For the purposes of Division 3 (commencing with Section 3101) and Division 9 (commencing with Section 9101) of the Commercial Code, when a broker, acting within the meaning of subdivision (d) or (e) of Section 10131 or Section 10131.1, has arranged a loan or sold a promissory note or any interest therein, and thereafter undertakes to service the promissory note on behalf of the lender or purchaser in accordance with Section 10233, delivery, transfer, and perfection shall be deemed complete even if the broker retains possession of the note or collateral instruments and documents, provided that the deed of trust or an assignment of the deed of trust or collateral documents in favor of the lender or purchaser is recorded in the office of the county recorder in the county in which the security property is located, and the note is made payable to the lender or is endorsed or assigned to the purchaser.
Notes
Defines delivery, transfer, and perfection as complete for specified Commercial Code purposes when a broker retains a serviced promissory note or collateral documents after arranging the loan or sale, provided the deed of trust or applicable assignment is recorded in the county containing the security property and the note is payable, endorsed, or assigned to the lender or purchaser.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 10233.2 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-3/article-5/section-10233-2