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

For purposes of this chapter:

(a) “Contingent deferred interest” means the sum a borrower is obligated to pay to a lender pursuant to the documentation of a shared appreciation loan as a share of (1) the appreciation in the value of the security property (2) rents and profits attributable to the subject property, or (3) both.

(b) A “shared appreciation loan” means any loan made upon the security of an interest in real property which additionally obligates the borrower to pay to the lender contingent deferred interest pursuant to the loan documentation. “Shared appreciation loan” does not include any loan made upon the security of an interest in real property containing one to four residential units at least one of which at the time the loan is made is or is to be occupied by the borrower.

Notes

Defines contingent deferred interest as the borrower's agreed share of property appreciation, rents and profits, or both, and defines a shared appreciation loan as a real-property-secured loan requiring that interest. Exempts loans secured by one- to four-unit residential property when at least one unit is or will be borrower-occupied when made.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1917 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-4/chapter-3-5/section-1917

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