Sections
91 entriesSection 2920Defines a mortgage as a contract hypothecating specific property, including an estate for years, to secure performance without requiring a change of…Section 2920.5Defines “mortgage servicer,” “foreclosure prevention alternative,” “borrower,” and “first lien” for specified foreclosure provisions. Excludes a trustee or trustee’s agent acting under…Section 2921Allows a mortgage to be created on property that is held adversely to the mortgagor. Adverse holding of the property does not…Section 2922Requires a mortgage to be created, renewed, or extended only by a writing executed with the formalities required for a grant of…Section 2923Establishes that a mortgage lien is special unless the parties expressly agree otherwise and that the lien exists independently of possession. The…Section 2923.1Establishes a mortgage broker providing mortgage-brokerage services as the borrower’s fiduciary, requiring the broker to put the borrower’s economic interest ahead of…Section 2923.3Requires parties issuing residential default or sale notices for property of no more than four units to include English and translated summaries.…Section 2923.4Establishes legislative purpose that borrowers in nonjudicial foreclosure be considered for, and have a meaningful opportunity to obtain, available loss-mitigation options offered…Section 2923.5Prohibits recording a notice of default until 30 days after required borrower contact or due diligence. The servicer must assess finances and…Section 2923.55Prohibits recording a notice of default until 30 days after required borrower contact or completion of due diligence and satisfaction of the…Section 2923.6Prohibits foreclosure while a complete first-lien modification application submitted five business days before sale is pending; denial gives 30 days to appeal…Section 2923.7Requires a mortgage servicer, when a borrower requests a foreclosure-prevention alternative, to assign a single point of contact for applications, documents, status,…Section 2924Requires recording a default notice and waiting three months before exercising sale power; a sale notice may record up to five days…Section 2924.1Requires a transfer following a power-of-sale foreclosure of property in a common-interest development to be recorded in the county recorder’s office within…Section 2924.3Requires an agent collecting for a mortgagee, beneficiary, or secured-note owner to mail default and sale notices, including 15 days after recordation…Section 2924.5Prohibits enforcement of a due-on-transfer acceleration clause in a deed of trust, mortgage, or secured obligation on property with four or fewer…Section 2924.6Prohibits accelerating a residential real-property loan solely because title transfers through specified spousal, marital-dissolution, inter vivos trust, or junior-lien transactions. Any borrower…Section 2924.7Allows deed-of-trust or mortgage provisions to enforce acceleration, sale powers, or other remedies for unpaid taxes, rents, assessments, insurance premiums, or advances…Section 2924.8Requires foreclosure-sale notices for qualifying residential loans with a billing address different from the property address to be posted and mailed to…Section 2924.9Requires a mortgage servicer offering foreclosure-prevention alternatives, within five business days after recording a notice of default, to tell the borrower about…Section 2924.10Requires a mortgage servicer to acknowledge receipt of a complete first-lien modification application or related document within five business days and provide…Section 2924.11Prohibits recording a default or sale notice or conducting a trustee’s sale while a borrower complies with an approved written foreclosure alternative…Section 2924.12Allows a borrower to seek an injunction before a trustee’s deed records for specified material foreclosure violations and actual economic damages afterward…Section 2924.13Prohibits subordinate-mortgage practices including three years without written loan communication, required transfer or periodic-statement notice failures, and foreclosure after a debt writeoff…Section 2924.15Limits specified foreclosure protections to first-lien mortgages or deeds of trust secured by owner-occupied residential real property containing no more than four…Section 2924.17Requires recorded or filed foreclosure documents to be accurate, complete, and supported by competent and reliable evidence, and requires mortgage servicers to…Section 2924.18Prohibits foreclosure steps while a complete modification application submitted at least five business days before sale is pending or while a borrower…Section 2924.19Allows a borrower to seek injunctive relief for a material violation of the specified foreclosure provisions and, after a trustee’s deed records,…Section 2924.20Allows the Department of Financial Protection and Innovation and the Bureau of Real Estate, consistent with their general authority, to adopt regulations…Section 2924.21Prohibits any person from contacting, soliciting, or initiating communication with a homeowner to claim surplus funds from a foreclosure sale of the…Section 2924.26Exempts a licensed title company or underwritten title company from liability for specified foreclosure-notice violations when, without acting as trustee, it records…Section 2924aAllows the trustee’s attorney or another duly authorized agent to conduct a sale and act as auctioneer when the terms of a…Section 2924bRequires a mortgagee, trustee, or authorized person to mail a recorded default notice within 10 business days to recorded requesters and the…Section 2924cAllows specified borrowers and junior interests to cure an accelerated real-property loan default by paying amounts then due, excluding principal not yet…Section 2924dSets foreclosure trustee/attorney fee caps by principal: $475 through $50,000; above $50,000 through $150,000, $475 plus 1 percent of excess; above $150,000…Section 2924eAllows borrower-consented junior lienholders on one-to-four-unit or ≤$300,000 debt to request $40 notice of four-month senior-lien delinquencies. Requests last five years, renew…Section 2924fRequires trustee-sale notice posted publicly and, when possible, on the property 20 days before sale; publication weekly for three consecutive calendar weeks…Section 2924gRequires power-of-sale foreclosure auctions to occur in the county where the property lies, between 9 a.m. and 5 p.m. on a business…Section 2924hEstablishes a trustee-sale bid as an irrevocable offer superseded by a higher bid and makes the sale final when the highest bid…Section 2924iRequires holders of covered balloon-payment loans on owner-occupied one-to-four-unit residential property to give written final-payment notice at least 90 but no more…Section 2924jRequires a trustee with surplus proceeds, absent interpleader, to notify holders within 30 days after the deed; claims are due 30 days…Section 2924kSets the order for distributing proceeds from a trustee’s sale and allows the trustee to charge reasonable costs for distributing proceeds to…Section 2924lAllows a deed-of-trust trustee named only in that capacity, and not alleged to have acted wrongfully, to file a declaration of nonmonetary…Section 2924mDefines a prospective owner-occupant as a person who will occupy the property within 60 days after the trustee’s deed and remain at…Section 2924nRequires a person who becomes the legal owner of real property when a trustee’s deed is recorded to continue complying with applicable…Section 2924oRequires, beginning January 1, 2023, property purchased through the specified foreclosure process by eligible bidders to carry a recorded covenant keeping it…Section 2924pLimits institutional sales of foreclosed one-to-four-unit residential property by reserving the first 30 days after listing for eligible-bidder offers and requiring written…Section 2925Allows proof that a transfer was subject to defeasance on a condition, even when that fact does not appear in the instrument,…Section 2926Defines a mortgage as a lien covering everything that would pass through a grant of the mortgaged property. The mortgage lien therefore…Section 2927Limits a mortgagee’s right to possess mortgaged property by denying possession unless the mortgage expressly authorizes it. After the mortgage is executed,…Section 2928Limits a mortgage from imposing personal liability on the mortgagor for performance of the act secured by the mortgage unless the mortgage…Section 2929Prohibits a person whose interest is subject to a mortgage lien from taking any action that would substantially impair the mortgagee’s security.…Section 2929.3Requires legal owners of vacant residential property acquired through foreclosure to maintain it before fines. Owners receive at least 14 business days…Section 2929.4Requires a governmental entity, before fining or penalizing an owner for failing to maintain qualifying vacant property under or acquired through foreclosure,…Section 2929.45Limits a governmental assessment or lien for nuisance-abatement costs on property subject to default or acquired through foreclosure to the governmental entity’s…Section 2929.5Allows a secured lender to inspect real-property security for hazardous-substance releases upon reasonable belief of an undisclosed release or after foreclosure begins.…Section 2930Establishes that title a mortgagor acquires after executing a mortgage becomes security for the mortgage debt just as though the mortgagor had…Section 2931Allows a mortgagee to foreclose the mortgagor’s right of redemption using the manner prescribed by the Code of Civil Procedure. The foreclosure…Section 2931aAllows the state agency collecting a non-ad-valorem tax or other secured obligation to be joined in specified real-property title, partition, foreclosure, or…Section 2931bAllows the Attorney General, with Department of Finance consent, to bid on and purchase real property or an estate for years in…Section 2931cAllows the Attorney General to sue in state or federal court to enforce specified California tax or obligation liens or reach property…Section 2932Allows a mortgage to confer a power of sale on the mortgagee or another person, exercisable after breach of the obligation secured…Section 2932.2Requires a mortgagee, beneficiary, or authorized agent, before a mortgagor or trustor signs a mortgage or deed of trust on residential property…Section 2932.5Allows an assignee entitled to payment of money secured by an instrument granting a power to sell real property to receive that…Section 2932.6Allows a financial institution to repair property it acquired through foreclosure under a mortgage or deed of trust, notwithstanding other law. Defines…Section 2933Requires a power of attorney authorizing execution of a mortgage to be in writing, subscribed, acknowledged or proved, certified, and recorded in…Section 2934Allows recording of mortgage assignments, beneficial-interest assignments under deeds of trust, and specified instruments subordinating or waiving priority. Once filed for record,…Section 2934aAllows substitution of a deed-of-trust trustee by recording signed by all beneficiaries or holders of over 50 percent of beneficial interests, excluding…Section 2934bEstablishes that the specified Probate Code provisions governing trustee vacancies and dealings with trustees apply to trustees under deeds of trust securing…Section 2935Sets that recording an assignment of a mortgage or of the beneficial interest under a deed of trust securing a designated note,…Section 2936Sets assignment of a debt secured by a mortgage to carry the mortgage security with the assigned debt. When the secured debt…Section 2937Requires both a person transferring residential mortgage servicing and the incoming servicing agent to give the borrower or subsequent obligor written notice…Section 2937.7Establishes that serving process on the trustee in an action affecting a trustor’s or beneficiary’s interest under a deed of trust or…Section 2938Establishes that a written assignment of real-property leases, rents, issues, or profits creates a present security interest when executed and delivered; recording…Section 2939Requires discharge of a recorded mortgage through a certificate signed by the mortgagee, the mortgagee’s personal representatives, or assigns, acknowledged or proved…Section 2939.5Allows foreign executors, administrators, and guardians to satisfy a recorded mortgage by recording a duly certified and authenticated copy of their appointment…Section 2940Requires a mortgage-discharge certificate, together with its proof or acknowledgment, to be recorded in the office of the county recorder where the…Section 2941Requires mortgage discharge within 30 days after satisfaction and beneficiary reconveyance documents within 30 calendar days. The trustee has 21 calendar days…Section 2941.1Allows a reconveyance fee to be charged when no payoff demand statement is issued under the referenced provision, notwithstanding other law. The…Section 2941.5Establishes misdemeanor liability for willfully violating the referenced mortgage-discharge provision, punishable by a fine from $50 to $400, county-jail imprisonment for up…Section 2941.7Allows release of a satisfied or specified remaining mortgage or deed-of-trust lien when the mortgagee or beneficiary cannot be located after diligent…Section 2941.9Allows beneficiaries holding notes or interests secured by the same property to agree that holders of more than 50 percent of the…Section 2942Exempts contracts of bottomry or respondentia from the chapter containing this rule, even though those contracts are in the nature of mortgages.…Section 2943Requires a beneficiary, within 21 days after written demand, to provide specified loan documents and a beneficiary statement, and likewise a payoff…Section 2943.1Defines an equity-line suspension instruction and related terms and requires a payoff demand statement for a qualifying residential equity line to provide…Section 2944Exempts transactions and security interests governed by the Commercial Code from this chapter, except to the extent the secured party makes the…Section 2944.5Prohibits a lender, mortgagee, or other interested third party from rejecting a policy issued by an admitted insurer solely because it continues…Section 2944.6Requires fee-based mortgage-modification or forbearance providers to give borrowers a separate prescribed notice in at least 14-point bold type before entering a…Section 2944.7Prohibits residential mortgage-modification or forbearance providers from collecting compensation before full performance, taking security for compensation, or taking a borrower’s power of…Section 2944.8Allows an additional civil penalty up to $2,500 for each violation when a person violates the referenced mortgage-modification prohibition against a victim…Section 2944.10Limits an action enforcing a cause of action under either referenced mortgage-relief provision to four years after the cause of action accrued.…