California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 14 — Lien, Chapter 1 — Liens in General, Article 5 — Redemption From Lien, Section 2906

An option granted to a secured party by a debtor to acquire an interest in real property collateral takes priority as of its recording and is effective according to its terms if the right to exercise the option is not dependent upon the occurrence of a default with respect to the security agreement and, where the real property which is the subject of the option is other than residential real property containing four or fewer units, shall not be deemed invalid or ineffective on the basis that the secured party has impaired the debtor’s equity of redemption in violation of common law or Section 2889. This section shall not be construed to make valid or effective an otherwise unlawful option nor shall any inference be drawn from this section as to the validity or application of common law with respect to residential real property containing four or fewer units.

Notes

Allows a recorded debtor-to-secured-party option on real-property collateral to take priority and operate by its terms when exercise is not conditioned on default. For property other than residential property with four or fewer units, bars invalidation for impairing equity of redemption; the provision does not validate unlawful options or determine common-law validity for residential property with four or fewer units.

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