California Civil Code ARTICLE 1 - Mortgages in General

• Section 2920.
  (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act,...
• Section 2920.5.
  For purposes of this article, the following definitions apply:(a) “Mortgage servicer” means a person or entity who directly services a loan, or who is responsible for...
• Section 2920.5.a.
  For purposes of this article, the following definitions apply:(a) “Mortgage servicer” means a person or entity who directly services a loan, or who is responsible for...
• Section 2920.7.
  (a) Upon notification by someone claiming to be a successor in interest that a borrower has died, and where that claimant is not a party to...
• Section 2921.
  A mortgage may be created upon property held adversely to the mortgagor.(Enacted 1872.)
• Section 2922.
  A mortgage can be created, renewed, or extended, only by writing, executed with the formalities required in the case of a grant of real property.(Enacted
• Section 2923.
  The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.(Enacted 1872.)
• Section 2923.1.
  (a) A mortgage broker providing mortgage brokerage services to a borrower is the fiduciary of the borrower, and any violation of the broker’s fiduciary duties...
• Section 2923.3.
  (a) With respect to residential real property containing no more than four dwelling units, a mortgagee, trustee, beneficiary, or authorized agent shall provide to the mortgagor...
• Section 2923.4.
  (a) The purpose of the act that added this section is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and...
• Section 2923.4.a.
  (a) The purpose of the act that added this section is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and...
• Section 2923.5.
  (a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until both of the following:(A) Either...
• Section 2923.5.a.
  (a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until both of the following:(A) Either...
• Section 2923.6.
  (a) The Legislature finds and declares that any duty mortgage servicers may have to maximize net present value under their pooling and servicing agreements is owed...
• Section 2923.6.a.
  (a) The Legislature finds and declares that any duty mortgage servicers may have to maximize net present value under their pooling and servicing agreements is owed...
• Section 2923.7.
  (a) Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to...
• Section 2923.7.a.
  (a) Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to...
• Section 2924.
  (a) Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be...
• Section 2924.1.
  (a) Notwithstanding any other law, the transfer, following the sale, of property in a common interest development, as defined by Section 1351, executed under the power...
• Section 2924.3.
  (a) Except as provided in subdivisions (b) and (c), a person who has undertaken as an agent of a mortgagee, beneficiary, or owner of a promissory...
• Section 2924.5.
  No clause in any deed of trust or mortgage on property containing four or fewer residential units or on which four or fewer residential units...
• 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...
• Section 2924.7.
  (a) The provisions of any deed of trust or mortgage on real property which authorize any beneficiary, trustee, mortgagee, or his or her agent or successor...
• Section 2924.8.
  (a) (1) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following notice, in the manner required...
• Section 2924.11.
  (a) If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower’s mortgage servicer, a mortgage servicer, trustee, mortgagee,...
• Section 2924.11.a.
  (a) If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower’s mortgage servicer, a mortgage servicer, trustee, mortgagee,...
• Section 2924.12.
  (a) (1) If a trustee’s deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of...
• Section 2924.12.a.
  (a) (1) If a trustee’s deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of...
• Section 2924.15.
  (a) Unless otherwise provided, Sections 2923.5, 2923.7, and 2924.11 shall apply only to first lien mortgages or deeds of trust that are secured by owner-occupied residential...
• Section 2924.15.a.
  (a) Unless otherwise provided, Sections 2923.5, 2923.7, and 2924.11 shall apply only to first lien mortgages or deeds of trust that are secured by owner-occupied residential...
• Section 2924.17.
  (a) A declaration recorded pursuant to Section 2923.5 or, until January 1, 2018, pursuant to Section 2923.55, a notice of default, notice of sale, assignment of...
• Section 2924.17.a.
  (a) A declaration recorded pursuant to Section 2923.5 or, until January 1, 2018, pursuant to Section 2923.55, a notice of default, notice of sale, assignment of...
• Section 2924.20.
  Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Business Oversight and the Bureau of Real...
• Section 2924.26.
  (a) Unless acting in the capacity of a trustee, a licensed title company or underwritten title company shall not be liable for a violation of Section...
• Section 2924a.
  If, by the terms of any trust or deed of trust a power of sale is conferred upon the trustee, the attorney for the trustee,...
• Section 2924b.
  (a) Any person desiring a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with power...
• Section 2924c.
  (a) (1) Whenever all or a portion of the principal sum of any obligation secured by deed of trust or mortgage on real property or an estate...
• Section 2924d.
  (a) (1) Commencing with the date that the notice of sale is deposited in the mail, as provided in Section 2924b, and until the property is sold...
• Section 2924e.
  (a) The beneficiary or mortgagee of any deed of trust or mortgage on real property either containing one to four residential units or given to secure...
• Section 2924f.
  (a) As used in this section and Sections 2924g and 2924h, “property” means real property or a leasehold estate therein, and “calendar week” means Monday through...
• Section 2924g.
  (a) All sales of property under the power of sale contained in any deed of trust or mortgage shall be held in the county where the...
• Section 2924h.
  (a) Each and every bid made by a bidder at a trustee’s sale under a power of sale contained in a deed of trust or mortgage...
• Section 2924i.
  (a) This section applies to loans secured by a deed of trust or mortgage on real property containing one to four residential units at least one...
• Section 2924j.
  (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustee’s deed resulting from a sale in which there are...
• Section 2924k.
  (a) The trustee, or the clerk of the court upon order to the clerk pursuant to subdivision (d) of Section 2924j, shall distribute the proceeds, or...
• Section 2924l.
  (a) In the event that a trustee under a deed of trust is named in an action or proceeding in which that deed of trust is...
• Section 2925.
  The fact that a transfer was made subject to defeasance on a condition, may, for the purpose of showing such transfer to be a mortgage,...
• Section 2926.
  A mortgage is a lien upon everything that would pass by a grant of the property.(Enacted 1872.)
• Section 2927.
  A mortgage does not entitle the mortgagee to the possession of the property, unless authorized by the express terms of the mortgage; but after the...
• Section 2928.
  A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security, unless there is an...
• Section 2929.
  No person whose interest is subject to the lien of a mortgage may do any act which will substantially impair the mortgagee’s security.(Enacted 1872.)
• Section 2929.3.
  (a) (1) A legal owner shall maintain vacant residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a...
• Section 2929.4.
  (a) Prior to imposing a fine or penalty for failure to maintain a vacant property that is subject to a notice of default, that is purchased...
• Section 2929.45.
  (a) An assessment or lien to recover the costs of nuisance abatement measures taken by a governmental entity with regard to property that is subject to...
• Section 2929.5.
  (a) A secured lender may enter and inspect the real property security for the purpose of determining the existence, location, nature, and magnitude of any past...
• Section [2930.].
   Section Twenty-nine Hundred and Thirty. Title acquired by the mortgagor subsequent to the execution of the mortgage, inures to the mortgagee as security for the...
• Section 2931.
  A mortgagee may foreclose the right of redemption of the mortgagor in the manner prescribed by the Code of Civil Procedure.(Enacted 1872.)
• Section 2931a.
  In any action brought to determine conflicting claims to real property, or for partition of real property or an estate for years therein, or to...
• Section 2931b.
  In all actions in which the State of California is named a party pursuant to the provisions of Section 2931a and in which real property...
• Section 2931c.
  The Attorney General may bring an action in the courts of this or any other state or of the United States to enforce any lien...
• Section 2932.
  A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the...
• Section 2932.5.
  Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment of money,...
• Section 2932.6.
  (a) Notwithstanding any other provision of law, a financial institution may undertake to repair any property acquired through foreclosure under a mortgage or deed of trust.(b) As...
• Section 2933.
  A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, or proved, certified, and recorded in like manner as powers of...
• Section 2934.
  Any assignment of a mortgage and any assignment of the beneficial interest under a deed of trust may be recorded, and from the time the...
• Section 2934a.
  (a) (1) The trustee under a trust deed upon real property or an estate for years therein given to secure an obligation to pay money and conferring...
• Section 2934b.
  Sections 15643 and 18102 of the Probate Code apply to trustees under deeds of trust given to secure obligations.(Added by Stats. 1986, Ch. 820, Sec....
• Section 2935.
  When a mortgage or deed of trust is executed as security for money due or to become due, on a promissory note, bond, or other...
• Section 2936.
  The assignment of a debt secured by mortgage carries with it the security.(Enacted 1872.)
• Section 2937.
  (a) The Legislature hereby finds and declares that borrowers or subsequent obligors have the right to know when a person holding a promissory note, bond, or...
• Section 2937.7.
  In any action affecting the interest of any trustor or beneficiary under a deed of trust or mortgage, service of process to the trustee does...
• Section 2938.
  (a) A written assignment of an interest in leases, rents, issues, or profits of real property made in connection with an obligation secured by real property,...
• Section 2939.
  A recorded mortgage must be discharged by a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as prescribed...
• Section 2939.5.
  Foreign executors, administrators and guardians may satisfy mortgages upon the records of any county in this state, upon producing and recording in the office of...
• Section 2940.
  A certificate of the discharge of a mortgage, and the proof or acknowledgment thereof, must be recorded in the office of the county recorder in...
• Section 2941.
  (a) Within 30 days after any mortgage has been satisfied, the mortgagee or the assignee of the mortgagee shall execute a certificate of the discharge thereof,...
• Section 2941.1.
  Notwithstanding any other provision of law, if no payoff demand statement is issued pursuant to Section 2943, nothing in Section 2941 shall be construed to...
• Section 2941.5.
  Every person who willfully violates Section 2941 is guilty of a misdemeanor punishable by fine of not less than fifty dollars ($50) nor more than...
• Section 2941.7.
  Whenever the obligation secured by a mortgage or deed of trust has been fully satisfied and the present mortgagee or beneficiary of record cannot be...
• Section 2941.9.
  (a) The purpose of this section is to establish a process through which all of the beneficiaries under a trust deed may agree to be governed...
• Section 2942.
  Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by any of the provisions of this Chapter.(Enacted 1872.)
• Section 2943.
  (a) As used in this section:(1) “Beneficiary” means a mortgagee or beneficiary of a mortgage or deed of trust, or his or her assignees.(2) “Beneficiary statement” means a...
• Section 2943.1.
  (a) For purposes of this section, the following definitions apply: (1) “Beneficiary” has the same meaning as defined in Section 2943.(2) “Borrower’s Instruction to Suspend and Close Equity...
• Section 2944.
  None of the provisions of this chapter applies to any transaction or security interest governed by the Commercial Code, except to the extent made applicable...
• Section 2944.5.
  No lender, mortgagee, or any third party having an interest in real or personal property shall refuse to accept a policy issued by an admitted...
• Section 2944.6.
  (a) Notwithstanding any other provision of law, any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan...
• Section 2944.7.
  (a) Notwithstanding any other law, it shall be unlawful for any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform...
• Section 2944.8.
  (a) In addition to any liability for a civil penalty pursuant to Section 2944.7, if a person violates Section 2944.7 with respect to a victim who...
• Section 2944.10.
  Any action to enforce any cause of action pursuant to Section 2944.7 or 2944.8 shall be commenced within four years after the cause of action...

Last modified: October 22, 2018