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California Civil Code Section 2924.6

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 2924.6

(a) An obligee may not accelerate the maturity date of the
principal and accrued interest on any loan secured by a mortgage or
deed of trust on residential real property solely by reason of any
one or more of the following transfers in the title to the real
property:
   (1) A transfer resulting from the death of an obligor where the
transfer is to the spouse who is also an obligor.
   (2) A transfer by an obligor where the spouse becomes a coowner of
the property.
   (3) A transfer resulting from a decree of dissolution of the
marriage or legal separation or from a property settlement agreement
incidental to such a decree which requires the obligor to continue to
make the loan payments by which a spouse who is an obligor becomes
the sole owner of the property.
   (4) A transfer by an obligor or obligors into an inter vivos trust
in which the obligor or obligors are beneficiaries.
   (5) Such real property or any portion thereof is made subject to a
junior encumbrance or lien.
   (b) Any waiver of the provisions of this section by an obligor is
void and unenforceable and is contrary to public policy.
   (c) For the purposes of this section, "residential real property"
means any real property which contains at least one but not more than
four housing units.
   (d) This act applies only to loans executed or refinanced on or
after January 1, 1976.

Last modified: January 12, 2009