California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 4 — Loan, Chapter 3.5 — Shared Appreciation Loans, Section 1917.004
(a) The lien of a shared appreciation loan, including the principle amount and all interest, whether accrued or to be accrued, and all amounts of contingent deferred interest, shall attach from the time of the recordation of the deed of trust securing the loan, and the lien, including the lien of the interest accrued, or to be accrued, and of the contingent deferred interest, shall have priority over any other lien or encumbrance affecting the property encumbered by the shared appreciation deed of trust which is recorded after the time of recordation of the shared appreciation deed of trust. Nothing in this section shall preclude a junior or subordinate lien to the deed of trust securing the shared appreciation loan.
(b) Any deed of trust that acts as security for a shared appreciation loan shall indicate on the document that the deed of trust secures a shared appreciation loan.
Notes
Establishes that a shared appreciation loan lien, including principal, accrued or future interest, and contingent deferred interest, attaches when the deed of trust is recorded and has priority over later-recorded liens. Allows subordinate junior liens and requires the deed of trust itself to indicate that it secures a shared appreciation loan.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1917.004 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-4/chapter-3-5/section-1917-004