California Civil Code ARTICLE 2 - Mortgage of Real Property

  • Section 2947.
    Any interest in real property which is capable of being transferred may be mortgaged.(Enacted 1872.)
  • Section 2948.
    A mortgage of real property may be made in substantially the following form: This mortgage, made the ____ day of ________, in the year ____,...
  • Section 2948.5.
    (a) A borrower shall not be required to pay interest on a principal obligation under a promissory note secured by a mortgage or deed of trust...
  • Section 2949.
    (a) No mortgage or deed of trust on real property containing only a single-family, owner-occupied dwelling may be declared in default, nor may the maturity date...
  • Section 2950.
    When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such...
  • Section 2952.
    Mortgages and deeds of trust of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect, as grants...
  • Section 2953.
    Any express agreement made or entered into by a borrower at the time of or in connection with the making of or renewing of any...
  • Section 2953.1.
    As used in this section:(a) “Real property security instrument” shall include any mortgage or trust deed or land contract in or on real property.(b) “Subordination clause” shall...
  • Section 2953.2.
    Every real property security instrument which contains or has attached a subordination clause shall contain:(a) At the top of the real property security instrument there shall...
  • Section 2953.3.
    Every subordination agreement shall contain:(a) At the top of the subordination agreement there shall appear in at least 10-point bold type, or, if typewritten, in capital...
  • Section 2953.4.
    (a) Any subordination clause and any subordination agreement which is executed after the effective date of this act and which does not substantially comply with the...
  • Section 2953.5.
    (a) Sections 2953.1 through 2953.4 shall not apply to any subordination clause or subordination agreement which expressly states that the subordinating loan shall exceed twenty-five thousand...
  • Section 2954.
    (a) (1) No impound, trust, or other type of account for payment of taxes on the property, insurance premiums, or other purposes relating to the property shall...
  • Section 2954.1.
    No lender or person who purchases obligations secured by real property, or any agent of such lender or person, who maintains an impound, trust, or...
  • Section 2954.2.
    (a) Every mortgagee of record of real property containing only a one- to four-family residence, when the mortgage is given to secure payment of the balance...
  • Section 2954.4.
    (a) A charge that may be imposed for late payment of an installment due on a loan secured by a mortgage or a deed of trust...
  • Section 2954.5.
    (a) Before the first default, delinquency, or late payment charge may be assessed by any lender on a delinquent payment of a loan, other than a...
  • Section 2954.6.
    (a) If private mortgage insurance or mortgage guaranty insurance, as defined in subdivision (a) of Section 12640.02 of the Insurance Code, is required as a condition...
  • Section 2954.65.
    Within 30 days after notice of cancellation from the insured, a private mortgage insurer or mortgage guaranty insurer shall, if the policy is cancellable, refund...
  • Section 2954.7.
    Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence of indebtedness secured by a...
  • Section 2954.8.
    (a) Every financial institution that makes loans upon the security of real property containing only a one- to four-family residence and located in this state or...
  • Section 2954.9.
    (a) (1) Except as otherwise provided by statute, where the original principal obligation is a loan for residential property of four units or less, the borrower under...
  • Section 2954.10.a.
    An obligee which accelerates the maturity date of the principal and accrued interest, pursuant to contract, on any loan secured by a mortgage or deed...
  • Section 2954.11.
    (a) As used in this section:(1) “Open-end credit plan” has the meaning set forth in Regulation Z of the Federal Reserve System (12 C.F.R. 226.2(a)(20)).(2) “Installment loan” means...
  • Section 2954.12.
    (a) Notwithstanding Section 2954.7, and except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence of...
  • Section 2955.
    (a) Money held by a mortgagee or a beneficiary of a deed of trust on real property in this state, or held by a vendor on...
  • Section 2955.1.
    (a) Any lender originating a loan secured by the borrower’s separate interest in a condominium project, as defined in Section 4125 or 6542, which requires earthquake...
  • Section 2955.5.
    (a) No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against...

Last modified: October 22, 2018