California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 14 — Lien, Chapter 2 — Mortgage, Article 1 — Mortgages in General, Section 2925

The fact that a transfer was made subject to defeasance on a condition, may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or incumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.

Notes

Allows proof that a transfer was subject to defeasance on a condition, even when that fact does not appear in the instrument, for the purpose of showing the transfer was a mortgage. The proof is barred against a subsequent purchaser or encumbrancer who gave value and lacked notice.

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