A gratuitous deposit occurs when someone stores something for someone else without being paid or receiving anything in return, other than having the item in their possession.
Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.
gratuitous deposit depositary no consideration possession item storage unpaid deposit storage without payment deposit arrangement custody of item non-commercial deposit free storage holding items without charge no compensation possession of deposited item deposit arrangements
(Enacted 1872.)
This law explains that if someone is in charge of someone else's possessions without having agreed to it, they won’t get paid for taking care of them. But if it involves a live animal, and the owner has offered a reward, they can accept the reward.
An involuntary deposit is gratuitous, the depositary being entitled to no reward. However, an involuntary depositary of any live animal may accept advertised rewards or rewards freely offered by the owner of the animal.
involuntary deposit gratuitous deposit depositary no reward live animal advertised rewards freely offered rewards animal owner reward acceptance involuntary depositary
(Amended by Stats. 1998, Ch. 752, Sec. 6. Effective January 1, 1999.)
This law describes the responsibilities of someone who takes care of someone else's property for free, known as a 'gratuitous depositary'. If the item is a living animal, the caretaker must ensure the animal receives necessary medical care, food, water, and shelter, and be treated humanely. If the animal has an ID, the caretaker needs to try to contact the owner. If the caretaker can't or won’t provide this care, they must quickly pass the animal to a suitable facility. Public animal shelters and humane societies must also follow additional rules related to animal holding as stated in other codes.
(a)CA Civil Law Code § 1846(a) A gratuitous depositary must use, at least, slight care for the preservation of the thing deposited.
(b)CA Civil Law Code § 1846(b) A gratuitous depositary of a living animal shall provide the animal with necessary and prompt veterinary care, adequate nutrition and water, and shelter, and shall treat it humanely and, if the animal has any identification, make reasonable attempts to notify the owner of the animal’s location. Any gratuitous depositary that does not have sufficient resources or desire to provide that care shall promptly turn the animal over to an appropriate care facility.
(c)CA Civil Law Code § 1846(c) If the gratuitous depositary of a living animal is a public
animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane shelter, the depositary shall comply with all other requirements of the Food and Agricultural Code regarding the impounding of live animals.
gratuitous depositary slight care living animal care veterinary care adequate nutrition humane treatment owner notification animal shelter society for the prevention of cruelty to animals humane shelter impounding of live animals animal identification care facility public animal shelter requirements turn over animal
(Amended by Stats. 2019, Ch. 7, Sec. 2. (AB 1553) Effective January 1, 2020.)
This section explains when the responsibilities of a gratuitous depositary—someone holding property without charging for it—come to an end. The responsibilities end when the depositary returns the item to its owner or when they give the owner a reasonable notice to retrieve it but the owner does not do so within a reasonable time. If the depositary is holding the item due to a situation beyond their control (like an emergency), they cannot ask the owner to remove it until the emergency has passed. However, this rule doesn't apply to animal shelters, which must keep caring for animals until they are legally no longer responsible for them.
The duties of a gratuitous depositary cease:
(a)CA Civil Law Code § 1847(a) Upon restoration by the depositary of the thing deposited to its owner.
(b)CA Civil Law Code § 1847(b) Upon reasonable notice given by the depositary to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depositary, under subdivision (b) of Section 1815, may not give notice until the emergency that gave rise to the deposit is past. This subdivision shall not apply to a public animal shelter, a shelter operated by a
society for the prevention of cruelty to animals, or a humane shelter. The duty to provide care, as required by Section 1846, continues until the public or private animal shelter is lawfully relieved of responsibility for the animal.
gratuitous depositary returning property reasonable notice failing to retrieve involuntary depositary emergency deposit animal shelters responsibility for animals public shelter private shelter humane shelter Section 1846 care owner retrieval ending duties animal care obligations
(Amended by Stats. 2019, Ch. 7, Sec. 3. (AB 1553) Effective January 1, 2020.)
An agent must follow the specific instructions and limits set by their principal and not go beyond what they are allowed to do.
An agent must not exceed the limits of his actual authority, as defined by the Title on Agency.
agent actual authority limits Agency Title principal exceeding authority authorized actions scope of authority agent duties principal-agent relationship
(Enacted 1872.)
An agent needs to regularly update their principal about what they've been doing in their role.
An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency.
agent responsibilities ordinary diligence agency relationship informing principal agent's duty communication acting on behalf principal-agent relationship keeping principal informed course of agency
(Enacted 1872.)
If someone is hired to collect a negotiable instrument, like a check, they must do so quickly and ensure all steps are taken to notify parties if it can't be paid. For bills of exchange, they must also try to get it accepted as soon as possible.
An agent employed to collect a negotiable instrument must collect it promptly, and take all measures necessary to charge the parties thereto, in case of its dishonor; and, if it is a bill of exchange, must present it for acceptance with reasonable diligence.
negotiable instrument bill of exchange prompt collection dishonor charge parties acceptance present for acceptance reasonable diligence agent's duty collection responsibility financial documents debtor notification timely action payment request document presentation
(Enacted 1872.)
If someone is acting as a helper for another agent, that helper isn't directly responsible to the person who originally hired the main agent.
A mere agent of an agent is not responsible as such to the principal of the latter.
agent of an agent principal responsibility liability sub-agent direct responsibility helper main agent original employer principal-agent relationship legal accountability
(Enacted 1872.)
Any company or person that transports people for money has to be extremely careful and diligent to ensure their passengers are safe, provide all the needed things for a safe journey, and be skilled enough to accomplish this.
A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.
carrier responsibility passenger safety utmost care diligence in transportation safe carriage transport service obligations reasonable skill safety provisions commercial transportation paying passengers transportation safety requirements duty of care skillful operation carrier obligations reward for carriage
(Enacted 1872.)
If you're in the business of transporting people for money, you must ensure your vehicles are safe and suitable for their intended use, no matter how careful you are otherwise.
A carrier of persons for reward is bound to provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any degree of care.
carrier of persons vehicles safe fit for purpose transportation safety responsibility duty of care business of transporting reward vehicle suitability default transportation obligations passenger safety commercial transport vehicle maintenance legal duty
(Enacted 1872.)
If you're providing transportation services for money, you can't have too many people or too much stuff in your vehicle.
A carrier of persons for reward must not overcrowd or overload his vehicle.
carrier of persons overcrowding overloading vehicle limits transportation services passenger limits safety regulations vehicle capacity for hire transportation overloading prevention
(Enacted 1872.)
If you run a business transporting people for money, you must provide your passengers with normal and reasonable comforts, treat them politely, and make sure they receive adequate attention.
A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and give them a reasonable degree of attention.
carrier of persons reward transport passenger accommodations reasonable attention civility transportation business passenger comfort customer service treatment of passengers attention to passengers
(Enacted 1872.)
This law requires that a person or company providing transportation services for payment must travel at a speed that is safe and reasonable and not make any unnecessary stops or changes to the route.
A carrier of persons for reward must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route.
carrier of persons reasonable speed unreasonable delay deviation from route transportation services travel regulations safety standards proper route delay avoidance service reliability
(Enacted 1872.)
This law section defines a 'factor' as a type of agent as per another legal definition found in Section 2026.
A factor is an agent, as defined by Section 2026.
factor agent Section 2026 agent definition agent role business law agent legal agent commercial agent definition of factor relationship between section 2367 and 2026
(Enacted 1872.)
This law outlines the powers a factor has when handling property given to them by their principal. A factor can insure any consigned property that is not already insured, sell items on credit (unless it's generally not done in that industry), and allow their partner or employee to act on their behalf. However, they can't use the items as collateral or delegate authority to someone not on their team.
In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted:
1. To insure property consigned to him uninsured;
2. To sell, on credit, anything intrusted to him for sale, except such things as it is contrary to usage to sell on credit; but not to pledge, mortgage, or barter the same; and,
3. To delegate his authority to his partner or servant, but not to any person in an independent employment.
factor authority consignment insure consigned property sell on credit prohibit pledge delegate to partner delegate to servant restriction on delegation industry usage property insurance
(Enacted 1872.)
This law explains that a person acting on someone else's behalf (a 'factor') can appear to have the authority to manage the property as if it were their own when interacting with people who don't know who really owns the property.
A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the actual ownership.
factor ostensible authority principal property management actual ownership transactions third parties agency law authority deception acting on behalf property dealings unauthorized transactions
(Enacted 1872.)
In California, if you own any kind of real estate that you can legally transfer to someone else, you can also use it to get a mortgage.
Any interest in real property which is capable of being transferred may be mortgaged.
real property transferable interest mortgaged property real estate property transfer mortgage California real estate transferable real estate property interest property mortgage property ownership estate real estate law mortgageable interest real property mortgage
(Enacted 1872.)
This section provides a template for creating a mortgage on real property. It outlines how the document should be structured, including spaces to fill in the date, names of the parties involved (the person giving the mortgage, or 'mortgagor,' and the person receiving it, or 'mortgagee'), as well as a description of the property being mortgaged. It also specifies the amount of money secured by the mortgage, the due date for payment, and terms related to interest or other obligations.
A mortgage of real property may be made in substantially the following form:
This mortgage, made the ____ day of ________, in the year ____, by A B, of _____, mortgagor, to C D, of ______, mortgagee, witnesseth:
That the mortgagor mortgages to the mortgagee [here describe the property], as security for the payment to him of _______ dollars, on [or before] the _____ day of ________, in the year ____, with
interest thereon [or as security for the payment of an obligation, describing it, etc.]
A B.
mortgage template real property mortgagor mortgagee property description loan security payment terms interest financial obligation legal form due date real estate loan formal structure
(Enacted 1872.)
This law states that when you take out a loan secured by your home, lenders can't charge you interest before you actually get the loan money. If there's an escrow, interest can only start one day before you get the money. Without escrow, it's the same rule if a recording request is made. Otherwise, the interest starts when you actually receive the funds. If you want the funds to disburse on a Monday or after a holiday, you can choose to start interest the business day before. You must be notified and agree in writing to any extra interest charges for this timing. This rule doesn't apply to some specific loans covered by another section of the Business and Professions Code.
(a)CA Civil Law Code § 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 on real property improved with between one to four residential dwelling units for any period that meets any of the following requirements:
(1)CA Civil Law Code § 2948.5(a)(1) Is more than one day prior to the date that the loan proceeds are disbursed from escrow.
(2)CA Civil Law Code § 2948.5(a)(2) In the event of no escrow, if a
request for recording is made in connection with the disbursement, is more than one day prior to the date the loan proceeds are disbursed to the borrower, to a third party on behalf of the borrower, or to the lender to satisfy an existing obligation of the borrower.
(3)CA Civil Law Code § 2948.5(a)(3) In all other circumstances where there is no escrow and no request for recording, is prior to the date funds are disbursed to the borrower, to a third party on behalf of the borrower, or to the lender to satisfy an existing obligation of the borrower.
(b)CA Civil Law Code § 2948.5(b) Interest may commence to accrue on the business day immediately preceding the day of disbursement, for obligations described in paragraphs (1) and (2) of subdivision (a) if both of the following occur:
(1)CA Civil Law Code § 2948.5(b)(1) The borrower affirmatively requests, and the lender agrees, that the disbursement will occur on
Monday, or a day immediately following a bank holiday.
(2)CA Civil Law Code § 2948.5(b)(2) The following information is disclosed to the borrower in writing: (A) the amount of additional per diem interest charged to facilitate disbursement on Monday or the day following a holiday, as the case may be, and (B) that it may be possible to avoid the additional per diem interest charge by disbursing the loan proceeds on a day immediately following a business day. This disclosure shall be provided to the borrower and acknowledged by the borrower by signing a copy of the disclosure document prior to placing funds in escrow.
(c)CA Civil Law Code § 2948.5(c) This section does not apply to a loan that is subject to subdivision (c) of Section 10242 of the Business and Professions Code.
borrower interest loan disbursement promissory note mortgage interest escrow deed of trust residential dwelling units additional per diem interest bank holiday disbursement acknowledgment of disclosure Business and Professions Code section 10242
(Amended by Stats. 2003, Ch. 554, Sec. 1. Effective January 1, 2004.)
If you have a mortgage on a home where you live, the lender can't say you're in default or change the terms of your loan just because you take out another loan that is secured using the same property. This applies only to single-family homes where the homeowner actually lives, and they need to start living there within 90 days of signing their mortgage.
(a)CA Civil Law Code § 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 of the indebtedness secured thereby be accelerated, solely by reason of the owner further encumbering the real property or any portion thereof, with a junior mortgage or junior deed of trust.
(b)CA Civil Law Code § 2949(b) As used in this section, “single-family, owner-occupied dwelling” means a dwelling which will be owned and occupied by a signatory to the mortgage or deed of trust secured by such dwelling within 90 days of the execution of such
mortgage or deed of trust.
mortgage default owner-occupied dwelling junior mortgage junior deed of trust further encumbering single-family home accelerated maturity date homeowner rights real property mortgage lender restrictions
(Added by Stats. 1972, Ch. 698.)
This law explains that if a property transfer looks like a complete transfer but is meant to change back under certain conditions, it remains unchanged for anybody except the person who got the property and their direct successors. This change must be recorded properly with the county for others to know about it.
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 grant is not defeated or affected as against any person other than the grantee or his or her heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the county recorder
of the county where the property is situated.
real property absolute conveyance defeasible performance of conditions grantee heirs devisees actual notice instrument of defeasance recorded county recorder property transfer property rights property conditions California property law
(Amended by Stats. 2013, Ch. 76, Sec. 19. (AB 383) Effective January 1, 2014.)
This California law states that for home loans started in 2027 or later, secured by residences with up to four units and having multiple owners, one owner can buy out another's share if there's a divorce or separation, provided they qualify for the loan. This applies only to regular home loans, which aren't backed by the federal government, and where the home is the main residence for the owners.
(a)CA Civil Law Code § 2951(a) A conventional home mortgage loan originated on or after January 1, 2027, and secured by owner-occupied residential real property containing four or fewer dwelling units
with multiple borrowers shall include provisions to allow for any of the existing borrowers to purchase the property interest of another borrower on the loan by assuming the seller’s portion of the mortgage in connection with a decree of dissolution of marriage, a legal separation agreement, or an incidental property settlement if the assuming borrower qualifies for the underlying loan, as determined by the lender.
(b)CA Civil Law Code § 2951(b) For purposes of this section:
(1)CA Civil Law Code § 2951(b)(1) “Conventional home mortgage loan” means a mortgage loan that is not insured or guaranteed by the federal government.
(2)CA Civil Law Code § 2951(b)(2) “Owner-occupied” means that the property is the principal residence of the borrowers and is security for a loan made for personal, family, or household purposes.
conventional home mortgage owner-occupied residential real property multiple borrowers property interest purchase mortgage assumption decree of dissolution legal separation property settlement loan qualification mortgage loan provision non-federally backed mortgage principal residence four or fewer dwelling units real property security
(Added by Stats. 2024, Ch. 431, Sec. 1. (AB 3100) Effective January 1, 2025.)
This law explains how mortgages or deeds of trust on real property can be officially acknowledged and recorded, similar to property grants. It allows for the recording of 'fictitious' mortgages and deeds of trust without needing them to be verified or certified first. These fictitious mortgages can be referred to in real mortgages by providing specific details about where they were recorded, such as the date and location. This ensures that when you record a real mortgage using references to a fictitious one, it serves as a public notice of all its terms, just as if they were fully included in the document. The law maintains that changes made in 1957 were meant to clarify the existing rules, not change them.
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 thereof; provided, however, that a mortgage or deed of trust of real property may be recorded and constructive notice of the same and the contents thereof given in the following manner:
Any person may record in the office of the county recorder of any county fictitious mortgages and deeds of trust of real property. Those fictitious mortgages and deeds of trust need not
be acknowledged, or proved or certified to be recorded or entitled to record. Those mortgages and deeds of trust shall have noted upon the face thereof that they are fictitious. The county recorder shall index and record fictitious mortgages and deeds of trust in the same manner as other mortgages and deeds of trust are recorded, and shall note on all indices and records of the same that they are fictitious. Thereafter, any of the provisions of any recorded fictitious mortgage or deed of trust may be included for any and all purposes in any mortgage or deed of trust by reference therein to any of those provisions, without setting the same forth in full; provided, the fictitious mortgage or deed of trust is of record in the county in which the mortgage or deed of trust adopting or including by reference any of the provisions thereof is recorded. The reference shall contain a statement, as to each county in which the mortgage or deed of trust containing such a reference is recorded, of the date the fictitious
mortgage or deed of trust was recorded, the county recorder’s office wherein it is recorded, and the book or volume and the first page of the records in the recorder’s office wherein and at which the fictitious mortgage or deed of trust was recorded, and a statement by paragraph numbers or any other method that will definitely identify the same, of the specific provisions of the fictitious mortgage or deed of trust that are being so adopted and included therein. The recording of any mortgage or deed of trust which has included therein any of those provisions by reference as aforesaid shall operate as constructive notice of the whole thereof including the terms, as a part of the written contents of the mortgage or deed of trust, of those provisions so included by reference as though the same were written in full therein. The parties bound or to be bound by provisions so adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though those provisions
had been and were set forth in full in any mortgage or deed of trust.
The amendment to this section enacted by the 1957 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.
mortgages deeds of trust real property fictitious mortgages county recorder constructive notice recording process indexing reference provisions property grants certification public notice real estate documents declaratory of preexisting law 1957 amendment
(Amended by Stats. 2000, Ch. 924, Sec. 1. Effective January 1, 2001.)
This law states that if a borrower agrees to give up certain rights related to real estate loans, such as those dealing with foreclosure processes and debt collection, that agreement is not valid. However, there are exceptions for loans involving bonds and public utilities.
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 loan secured by a deed of trust, mortgage or other instrument creating a lien on real property, whereby the borrower agrees to waive the rights, or privileges conferred upon the borrower by Sections 2924, 2924b, or 2924c of the Civil Code or by Sections 580a or 726 of the Code of Civil Procedure, shall be void and of no effect. The provisions of this section shall not apply to any deed of trust, mortgage, or other liens given to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Financial Protection and Innovation, or made by a public utility subject to the provisions of the Public Utilities Act.
borrower rights waiver real estate loan agreements foreclosure rights deed of trust mortgage agreements lien on property Sections 2924 rights debt collection rights public utilities exception bonds and indebtedness Commissioner of Financial Protection Civil Procedure Code Sections 580a Code Section 726 exceptions
(Amended by Stats. 2022, Ch. 452, Sec. 36. (SB 1498) Effective January 1, 2023.)
This section defines terms related to real estate transactions. A 'real property security instrument' covers things like mortgages or deeds on property. A 'subordination clause' is a part of these instruments that states the holder agrees to make their claim on the property secondary to someone else's claim under certain conditions. A 'subordination agreement' is a separate document or agreement where the holder consents to make their interest in the property secondary to another interest that would normally rank lower.
As used in this section:
(a)CA Civil Law Code § 2953.1(a) “Real property security instrument” shall include any mortgage or trust deed or land contract in or on real property.
(b)CA Civil Law Code § 2953.1(b) “Subordination clause” shall mean a clause in a real property security instrument whereby the holder of the security interest under such instrument agrees that upon the occurrence of conditions or circumstances specified therein his security interest will become subordinate to or he will execute an agreement subordinating his interest to the lien of another real property security instrument
which would otherwise be of lower priority than his lien or security interest.
(c)CA Civil Law Code § 2953.1(c) “Subordination agreement” shall mean a separate agreement or instrument whereby the holder of the security interest under a real property security instrument agrees that (1) his existing security interest is subordinate to, or (2) upon the occurrence of conditions or circumstances specified in such separate agreement his security interest will become subordinate to, or (3) he will execute an agreement subordinating his interest to, the lien of another real property security instrument which would otherwise be of lower priority than his lien or security interest.
real property security instrument mortgage trust deed land contract subordination clause security interest priority lien subordination agreement real estate transaction property claim secondary interest lower priority
(Added by Stats. 1963, Ch. 1861.)
This law states that whenever a real property security document includes a subordination clause, it must clearly identify the subordination with 'Subordinated' in bold letters at the top, followed by the instrument type. The document must also include a notice explaining that the security interest might become subordinate to other liens. If the subordination allows for loans used for other purposes than land improvement, the document must have another bold notice above the signature line, stating that the loan might be used for purposes other than improving the land.
Every real property security instrument which contains or has attached a subordination clause shall contain:
(a)CA Civil Law Code § 2953.2(a) At the top of the real property security instrument there shall appear in at least 10-point bold type, or, if typewritten, in capital letters and underlined, the word “Subordinated” followed by a description of the type of security instrument.
(b)CA Civil Law Code § 2953.2(b) A notice in at least eight-point bold type, or, if typewritten, in capital letters, shall appear immediately below the legend required by subdivision (a)
of this section reading as follows: “Notice: This (insert description of real property security instrument) contains a subordination clause which may result in your security interest in the property becoming subject to and of lower priority than the lien of some other or later security instrument.”
(c)CA Civil Law Code § 2953.2(c) If the terms of the subordination clause allow the obligor on the debt secured by the real property security instrument to obtain a loan, secured by another real property security instrument covering all or any part of the same parcel of real property, the proceeds of which may be used for any purpose or purposes other than defraying the costs for improvement of the land covered by the real property security instrument containing the subordination clause, a notice in at least eight-point bold type, or, if typewritten, in capital letters shall appear directly above the space reserved for the signature of the person
whose security interest is to be subordinated, reading as follows: “Notice: This (insert description of real property security instrument) contains a subordination clause which allows the person obligated on your real property security instrument to obtain a loan a portion of which may be expended for other purposes than improvement of the land.”
real property security instrument subordination clause lower priority lien notice requirement security interest capital letters bold type land improvement loan purposes signature line
(Added by Stats. 1963, Ch. 1861.)
This law specifies how a subordination agreement, which changes the priority of liens on property, should be formatted and include certain notices. It must clearly state “Subordination Agreement” at the top. Below that, there must be a notice explaining that the agreement may reduce the priority of a person's security interest in favor of another. Additionally, if the agreement allows for a loan for purposes other than improving the property, a specific notice must be displayed above where the property owner signs, indicating this option.
Every subordination agreement shall contain:
(a)CA Civil Law Code § 2953.3(a) At the top of the subordination agreement there shall appear in at least 10-point bold type, or, if typewritten, in capital letters and underlined, the words “Subordination Agreement.”
(b)CA Civil Law Code § 2953.3(b) A notice in at least eight-point bold type, or, if typewritten, in capital letters, shall appear immediately below the legend required by subdivision (a) of this section reading as follows:
“Notice: This subordination agreement (“may result” or “results” as appropriate) in your security interest in the property becoming subject to and of lower priority than the lien of some other or later security instrument.”
(c)CA Civil Law Code § 2953.3(c) If the terms of the subordination agreement provide that the obligor on the debt secured by the real property security instrument may either obtain a loan, or obtain an agreement from the holder of the real property security which will allow him to obtain a loan, the proceeds of which may be used for any purpose or purposes other than defraying the actual contract costs for improvement of the land, covered by the real property security instrument which is, or is to become subordinated, a notice in at least eight-point bold type or, if typewritten, in capital letters, shall appear directly above the space reserved for the signature of the person whose security interest is to be subordinated, reading
as follows: “Notice: This subordination agreement contains a provision which (“allows” or “may allow” as appropriate) the person obligated on your real property security to obtain a loan a portion of which may be expended for other purposes than improvement of the land.”
subordination agreement security interest lien priority property lien real property security loan provisions bold type notice signature space notice obligor property improvement capital letters debt secured lien subordination real property loan
(Added by Stats. 1963, Ch. 1861.)
This section of the law deals with subordination clauses in security interest agreements. If such a clause is included in any new agreements but doesn't meet certain legal requirements, the affected party can choose to void it within two years. However, this option can't be exercised by someone who was already aware of the clause and its terms. To void it, a formal notice must be recorded. Additionally, the affected party can waive their right to void by acknowledging the clause and agreeing to it despite non-compliance.
(a)CA Civil Law Code § 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 provisions of Section 2953.2 or Section 2953.3 shall be voidable upon the election of the person whose security interest is to be subordinated or his successor-in-interest exercised within two years of the date on which the instrument to which his security interest is subordinated is executed; provided that such power of avoidance shall not be exercisable by any person having actual knowledge of the existence and terms of the subordination clause or agreement.
(b)CA Civil Law Code § 2953.4(b) The person whose security interest was to be subordinated or his successor-in-interest shall exercise his election to void the subordination clause or subordination agreement provided by subdivision (a) of this section by recording a notice stating that the provisions of Civil Code Section 2953.2 or Civil Code Section 2953.3 have not been complied with, and that he is the holder of the security instrument which is or was to become subordinated and that he elects to avoid the effect of the subordination clause or subordination agreement.
(c)CA Civil Law Code § 2953.4(c) The provisions of this section may be waived by the subsequent execution and recordation by the holder of the security interest which is or may become subordinated, of a statement that he knows of the existence of the subordination clause or agreement and of its terms and that he waives the provisions of this section and the requirements of
Sections 2953.1, 2953.2, and 2953.3.
subordination clause security interest voidable agreement legal compliance subordination agreement notice recording waiver of rights subordination terms successor-in-interest knowledge of clause avoidance election execution date legal waiver instrument recording compliance election
(Added by Stats. 1963, Ch. 1861.)
This law section says that certain rules regarding subordination clauses and agreements don't apply if the loan amount is more than $25,000. Essentially, if you have a subordination agreement tied to a loan that exceeds this amount, those specific rules (from Sections 2953.1 to 2953.4) are not applicable.
(a)CA Civil Law Code § 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 dollars ($25,000).
(b)CA Civil Law Code § 2953.5(b) Sections 2953.1 through 2953.4 shall not apply to any subordination clause or subordination agreement which is executed in connection with a loan which exceeds twenty-five thousand dollars ($25,000).
subordination clause subordination agreement loan amount exceeds $25 000 Sections 2953.1-2953.4 exemptions loan agreement rules specific loan criteria financial agreements legal exemptions
(Added by Stats. 1963, Ch. 1861.)
This law says that when you buy a single-family home or take out a loan for one, you generally can't be forced to set up a special account to pay taxes or insurance unless specific situations apply, like failing to pay taxes on time, the loan is high-risk, or the home is part of a government program. If an account is set up against the rules, the buyer can cancel it. Also, lenders must give an annual breakdown of how money in these accounts is used. You can request extra statements for a small fee, and any changes to payments must be explained. Violating these rules can lead to fines. Lastly, a 'single-family, owner-occupied dwelling' means the home must be owned and lived in by the borrower within 90 days of the mortgage agreement being signed.
(a)Copy CA Civil Law Code § 2954(a)
(1)Copy CA Civil Law Code § 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 be required as a condition of a real property sale contract or a loan secured by a deed of trust or mortgage on real property containing only a single-family, owner-occupied dwelling, except: (A) where required by a state
or federal regulatory authority, (B) where a loan is made, guaranteed, or insured by a state or federal governmental lending or insuring agency, (C) upon a failure of the purchaser or borrower to pay two consecutive tax installments on the property prior to the delinquency date for such payments, (D) where the original principal amount of such a loan is (i) 90 percent or more of the sale price, if the property involved is sold, or is (ii) 90 percent or more of the appraised value of the property securing the loan, (E) whenever the combined principal amount of all loans secured by the real property exceeds 80 percent of the appraised value of the property securing the loans, (F) where a loan is made in compliance with the requirements for higher priced mortgage loans established in Regulation Z, whether or not the loan is a higher priced mortgage loan, or (G) where a loan is refinanced or modified in connection with a lender’s homeownership preservation program or a lender’s participation in such a program
sponsored by a federal, state, or local government authority or a nonprofit organization. Nothing contained in this section shall preclude establishment of such an account on terms mutually agreeable to the parties to the loan, if, prior to the execution of the loan or sale agreement, the seller or lender has furnished to the purchaser or borrower a statement in writing, which may be set forth in the loan application, to the effect that the establishment of such an account shall not be required as a condition to the execution of the loan or sale agreement, and further, stating whether or not interest will be paid on the funds in such an account.
An impound, trust, or other type of account for the payment of taxes, insurance premiums, or other purposes relating to property established in violation of this subdivision is voidable, at the option of the purchaser or borrower, at any time, but shall not otherwise affect the validity of the loan or sale.
(2)CA Civil Law Code § 2954(2) For the purposes of this subdivision, “Regulation Z” means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System and any interpretation or approval issued by an official or employee duly authorized by the board to issue interpretations or approvals dealing with, respectively, consumer leasing or consumer lending, pursuant to the federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.).
(b)CA Civil Law Code § 2954(b) Every mortgagee of real property, beneficiary under a deed of trust on real property, or vendor on a real property sale contract upon the written request of the mortgagor, trustor, or vendee shall furnish to the mortgagor, trustor, or vendee for each calendar year within 60 days after the end of the year an itemized accounting of moneys received for interest and principal repayment and received and held in or disbursed from an
impound or trust account, if any, for payment of taxes on the property, insurance premiums, or other purposes relating to the property subject to the mortgage, deed of trust, or real property sale contract. The mortgagor, trustor, or vendee shall be entitled to receive one such accounting for each calendar year without charge and shall be entitled to additional similar accountings for one or more months upon written request and on payment in advance of fees as follows:
(1)CA Civil Law Code § 2954(b)(1) Fifty cents ($0.50) per statement when requested in advance on a monthly basis for one or more years.
(2)CA Civil Law Code § 2954(b)(2) One dollar ($1) per statement when requested for only one month.
(3)CA Civil Law Code § 2954(b)(3) Five dollars ($5) if requested for a single cumulative statement giving all the information described above back to the last statement rendered.
If the mortgagee, beneficiary, or vendor transmits to the mortgagor, trustor, or vendee a monthly statement or passbook showing moneys received for interest and principal repayment and received and held in and disbursed from an impound or trust account, if any, the mortgagee, beneficiary, or vendor shall be deemed to have complied with this section.
No increase in the monthly rate of payment of a mortgagor, trustor, or vendee on a real property sale contract for impound or trust accounts shall be effective until after the mortgagee, beneficiary, or vendor has furnished the mortgagor, trustor, or vendee with an itemized accounting of the moneys presently held by it in the accounts, and a statement of the new monthly rate of payment, and an explanation of the factors necessitating the increase.
The provisions of this section shall be in addition to the obligations of the parties as
stated by Section 2943.
Every person who willfully or repeatedly violates this subdivision shall be subject to punishment by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200).
(c)CA Civil Law Code § 2954(c) As used in this section, “single-family, owner-occupied dwelling” means a dwelling that will be owned and occupied by a signatory to the mortgage or deed of trust secured by that dwelling within 90 days of the execution of the mortgage or deed of trust.
impound account trust account real property sale loan conditions single-family dwelling Regulation Z tax payments insurance premiums itemized accounting statement fees interest and principal repayment homeownership preservation high-risk loans Truth in Lending Act consumer lending
(Amended by Stats. 2010, Ch. 328, Sec. 30. (SB 1330) Effective January 1, 2011.)
If a lender or person in charge of a payment account for things like property taxes or insurance asks borrowers to put money in an account each month, they can't ask for more than what federal laws allow. The account shouldn't hold more than needed to pay upcoming bills, and any extra should be given back within 30 days unless agreed otherwise. They also can't manage the account in a way that risks unpaid bills or canceled insurance. If anyone suffers harm from not following these rules, they can sue for damages. The rule doesn't affect the loan's validity but applies to accounts made after this law took effect.
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 other type of account for the payment of taxes and assessments on real property, insurance premiums, or other purposes relating to such property shall do any of the following:
(a)CA Civil Law Code § 2954.1(a) Require the borrower or vendee to deposit in such account in any month an amount in excess of that which would be permitted in connection with a federally related mortgage loan pursuant to Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C.
2609), as amended.
(b)CA Civil Law Code § 2954.1(b) Require the sums maintained in such account to exceed at any time the amount or amounts reasonably necessary to pay such obligations as they become due. Any sum held in excess of the reasonable amount shall be refunded within 30 days unless the parties mutually agree to the contrary. Such an agreement may be rescinded at any time by any party.
(c)CA Civil Law Code § 2954.1(c) Make payments from the account in a manner so as to cause any policy of insurance to be canceled or so as to cause property taxes or other similar payments to become delinquent.
Nothing contained herein shall prohibit requiring additional amounts to be paid into an impound account in order to recover any deficiency which may exist in the account.
Any person harmed by a violation of this section shall be entitled to sue to recover
his or her damages or for injunctive relief; but such violation shall not otherwise affect the validity of the loan or sale.
This section applies to all such accounts maintained after the effective date of this act.
lenders real property impound accounts taxes and assessments insurance premiums account limits Real Estate Settlement Procedures Act federally related mortgage loan excessive deposits refunds canceled insurance delinquent taxes sue for damages injunctive relief account maintenance
(Amended by Stats. 1983, Ch. 74, Sec. 1.)
If a lender speeds up the repayment terms of a home loan due to property sale, they can't charge extra fees or penalties for early payoff. This rule generally applies to loans secured by homes with four units or fewer. However, if the borrower has agreed in writing to pay a penalty for early payment, this exception kicks in. For loans made from January 1, 1984 onward, borrowers must clearly sign or initial any such agreements, and enforceability needs to be backed by a proven pattern of the lender's behavior respecting those terms.
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 of trust on real property or an estate for years therein, upon the conveyance of any right, title, or interest in that property, may not claim, exact, or collect any charge, fee, or penalty for any prepayment resulting from that acceleration.
The provisions of this section shall not apply to a loan other than a loan secured by residential real property or any interest therein containing four units or less, in which the obligor has expressly waived, in
writing, the right to repay in whole or part without penalty, or has expressly agreed, in writing, to the payment of a penalty for prepayment upon acceleration. For any loan executed on or after January 1, 1984, this waiver or agreement shall be separately signed or initialed by the obligor and its enforcement shall be supported by evidence of a course of conduct by the obligee of individual weight to the consideration in that transaction for the waiver or agreement.
acceleration of loan prepayment penalty mortgage deed of trust home loan real property conveyance four units or less borrower waiver writing agreement evidence of conduct January 1 1984 residential real property obligee obligor separate signature
(Amended by Stats. 1989, Ch. 698, Sec. 11.)
This law section is about installment loans that are part of open-end credit plans, like certain credit card loans with repayable amounts. It explains key terms and rules about prepaying these loans, meaning paying them off early. Generally, borrowers can prepay their loans at any time. However, for loans paid off within five years, there might be a prepayment charge unless certain conditions are met, like if the property securing the loan is sold or damaged due to a natural disaster. Details about these charges and how to avoid them must be clearly disclosed to borrowers. If the lender does not provide this information correctly, borrowers have the right to rescind, or cancel, the loan agreement. This section applies to loans secured by residential properties with four or fewer units.
(a)CA Civil Law Code § 2954.11(a) As used in this section:
(1)CA Civil Law Code § 2954.11(a)(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)CA Civil Law Code § 2954.11(a)(2) “Installment loan” means any loan specified in subdivision (h) extended under an installment loan feature.
(3)CA Civil Law Code § 2954.11(a)(3) “Installment loan feature” means a feature of an open-end credit plan which
provides for a separate subaccount of the open-end credit plan pursuant to which the principal of, and interest on, the loan associated with that subaccount are to be repaid in substantially equal installments over a specified period without regard to the amount outstanding under any other feature of the open-end credit plan or the payment schedule with respect to the other feature.
(b)Copy CA Civil Law Code § 2954.11(b)
(1)Copy CA Civil Law Code § 2954.11(b)(1) Except as otherwise provided by statute, the borrower under any installment loan shall be entitled to prepay the whole or any part of the installment loan, together with any accrued interest, at any time.
(2)CA Civil Law Code § 2954.11(b)(2) With respect to any installment loan, nothing in this section shall preclude a borrower from becoming obligated, by an agreement in writing, to pay a prepayment charge; but only a prepayment made within five years of the date the installment loan is made may be
subject to a prepayment charge and then solely as herein set forth. An amount not exceeding 20 percent of the original principal amount of the installment loan may be prepaid in any one 12-month period without incurring a prepayment charge. A prepayment charge may be imposed on any amount prepaid in any 12-month period in excess of 20 percent of the original principal amount of the installment loan, which charge shall not exceed an amount equal to the payment of six months’ advance interest on the amount prepaid in excess of 20 percent of the original principal amount of the installment loan.
(c)CA Civil Law Code § 2954.11(c) For purposes of subdivision (b):
(1)CA Civil Law Code § 2954.11(c)(1) If the deed of trust or mortgage secures repayment of more than one installment loan, each of the installment loans shall be deemed to have been separately made on the date that the proceeds of the installment loan are advanced.
(2)CA Civil Law Code § 2954.11(c)(2) If the outstanding balance of a loan advanced pursuant to an open-end credit plan thereafter becomes subject to an installment loan feature of the credit plan, the loan shall be deemed to have been made when the loan becomes subject to the installment loan feature, whether the feature was available at the borrower’s option under original terms of the open-end credit plan or the feature thereafter became available upon modification of the original terms of the open-end credit plan.
(d)CA Civil Law Code § 2954.11(d) Notwithstanding subdivision (b), no prepayment charge may be imposed with respect to an installment loan subject to this section if any of the following apply:
(1)CA Civil Law Code § 2954.11(d)(1) The residential structure securing the installment loan has been damaged to such an extent by a natural disaster for which a state of emergency is declared by the Governor,
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code, that the residential structure cannot be occupied and the prepayment is causally related thereto.
(2)CA Civil Law Code § 2954.11(d)(2) The prepayment is made in conjunction with a bona fide sale of the real property securing the installment loan.
(3)CA Civil Law Code § 2954.11(d)(3) The lender does not comply with subdivision (e).
(4)CA Civil Law Code § 2954.11(d)(4) The term of the installment loan is for not more than five years and the original principal amount of the installment loan is less than five thousand dollars ($5,000).
(e)Copy CA Civil Law Code § 2954.11(e)
(1)Copy CA Civil Law Code § 2954.11(e)(1) The lender receiving a borrower’s obligation to pay a prepayment charge authorized by subdivision (b) shall furnish the borrower with a written disclosure describing the existence of the
prepayment charge obligation, the conditions under which the prepayment charge shall be payable, and the method by which the amount of the prepayment charge shall be determined. If subdivision (f) provides the borrower with a right to rescind the installment loan and the related obligation to pay a prepayment charge, the disclosure required by this subdivision shall also inform the borrower of this right to rescind, how and when to exercise the right, and where to mail or deliver a notice of rescission.
(2)CA Civil Law Code § 2954.11(e)(2) The amount of, or the method for determining the amount of, the prepayment charge for an installment loan shall be set forth in the agreement governing the open-end credit plan.
(f)Copy CA Civil Law Code § 2954.11(f)
(1)Copy CA Civil Law Code § 2954.11(f)(1) The disclosure required by paragraph (1) of subdivision (e) shall be furnished when or up to 30 days before the borrower signs the agreement or other documents required by
the lender for the installment loan, or no earlier than 30 days before nor later than 10 days following the making of the installment loan, if made without the borrower having to sign an agreement or other documentation, such as may be the case if the installment loan may be made on the basis of telephone or other discussions between the lender and the borrower not taking place in person. If the installment loan is made before the borrower has been furnished with the disclosure required by paragraph (1) of subdivision (e), the borrower shall have the right to rescind the installment loan and the related obligation to pay a prepayment charge by personally delivering or mailing notice to that effect to the lender, by first-class mail with postage prepaid, at the lender’s location stated in its disclosure concerning the right to rescind within 10 days following the furnishing of the disclosure.
(2)CA Civil Law Code § 2954.11(f)(2) If the disclosure required by paragraph (1) of
subdivision (e) is included in the agreement or other document signed by the borrower for the installment loan, the disclosure shall be deemed given at that time. In other cases, the disclosure shall be deemed furnished when personally delivered to the borrower or three days after it is mailed to the borrower, first-class mail with postage prepaid, at the address to which billing statements for the open-end credit plan are being sent.
(3)CA Civil Law Code § 2954.11(f)(3) The disclosure required by paragraph (1) of subdivision (e) may be separately furnished or may be included in the agreement or other document for the installment loan, provided that a copy of the disclosure that the borrower may retain is furnished to the borrower.
(4)CA Civil Law Code § 2954.11(f)(4) If there is more than one borrower with respect to the open-end credit plan, a disclosure to any one of them pursuant to subdivision (e) shall satisfy the requirements of that
subdivision with respect to all of them.
(g)CA Civil Law Code § 2954.11(g) If after an installment loan is made the lender receives the borrower’s timely notice of the rescission of the installment loan in accordance with subdivision (f), the balance of the installment loan shall be transferred to the open-end subaccount of the open-end credit plan and the borrower shall be obligated to repay the amount under the same terms and conditions, and subject to the same fees and other charges, as would be applicable had the loan initially been extended pursuant to the open-end credit plan or had the installment loan never been made.
(h)CA Civil Law Code § 2954.11(h) This section applies to any installment loan secured by a deed of trust or mortgage or any other lien on residential property of four units or less and Section 2954.9 does not apply to such installment loans. This section shall not apply to any loan that is subject to Section 10242.6
of the Business and Professions Code.
installment loans open-end credit plan prepayment charge loan prepayment natural disaster exemption rescind loan residential property loans lender disclosure subaccount loans bona fide sale principal amount mortgage lien timely notice loan agreement conditions prepayment rights
(Added by Stats. 1996, Ch. 32, Sec. 1. Effective January 1, 1997.)
This law allows borrowers with certain types of home loans to stop paying for private mortgage insurance if specific conditions are met. These conditions include having the loan made after January 1, 1998, being current on payments, not having any recent late payments, and the loan principal being 75% or less of the home's value. The property must be one-to-four units, owner-occupied, and used for personal purposes. However, this law doesn't apply to loans made under certain government housing programs or if specific rules by an institutional third party prohibit cancellation. It also considers institutional standards in compliance if a loan is sold to them.
(a)CA Civil Law Code § 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 indebtedness secured by a deed of trust or mortgage purchased in whole or in part by an institutional third party specifically prohibits cancellation during the term of the indebtedness, the lender or servicer of a loan evidenced by a note or other evidence of indebtedness that is secured by a deed of trust or mortgage on the subject property may not charge
or collect future payments from a borrower for private mortgage insurance or mortgage guaranty insurance as defined in subdivision (a) of Section 12640.02 of the Insurance Code, if all of the following conditions are satisfied:
(1)CA Civil Law Code § 2954.12(a)(1) The loan is for personal, family, household, or purchase money purposes, the subject property is owner-occupied, one-to-four unit residential real property, and the outstanding principal balance of the note or evidence of indebtedness secured by the senior deed of trust or mortgage on the subject property is equal to or less than 75 percent of the lesser of (A) if the loan was made for purchase of the property, the sales price of the property under such purchase; or (B) the appraised value of the property, as determined by the appraisal conducted in connection with the making of the loan.
(2)CA Civil Law Code § 2954.12(a)(2) The borrower’s scheduled payment of monthly installments of
principal, interest, and escrow obligations is current at the time the right to cancellation of mortgage insurance accrues.
(3)CA Civil Law Code § 2954.12(a)(3) During the 12 months prior to the date upon which the right to cancellation accrues, the borrower has not been assessed more than one late penalty for any scheduled payment and has not made any scheduled payment more than 30 days late.
(4)CA Civil Law Code § 2954.12(a)(4) The loan evidenced by a note or evidence of indebtedness was made or executed on or after January 1, 1998.
(5)CA Civil Law Code § 2954.12(a)(5) No notice of default has been recorded against the real property pursuant to Section 2924, as a result of a nonmonetary default on the extension of credit by the borrower during the last 12 months prior to the accrual of the borrower’s right to cancellation.
(b)CA Civil Law Code § 2954.12(b) This section does not
apply to any of the following:
(1)CA Civil Law Code § 2954.12(b)(1) A note or evidence of indebtedness secured by a deed of trust or mortgage, or mortgage insurance, executed under the authority of Part 3 (commencing with Section 50900) or Part 4 (commencing with Section 51600) of Division 31 of the Health and Safety Code.
(2)CA Civil Law Code § 2954.12(b)(2) Any note or evidence of indebtedness secured by a deed of trust or mortgage that is funded in whole or in part pursuant to authority granted by statute, regulation, or rule that, as a condition of that funding, prohibits or limits termination of payments for private mortgage insurance or mortgage guaranty insurance during the term of the indebtedness.
(c)CA Civil Law Code § 2954.12(c) If the note secured by the deed of trust or mortgage will be or has been sold in whole or in part to an institutional third party, adherence to the institutional third
party’s standards for termination of future payments for private mortgage insurance or mortgage guaranty insurance shall be deemed in compliance with the requirements of this section.
(d)CA Civil Law Code § 2954.12(d) For the purposes of this section, “institutional third party” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association and other substantially similar institutions, whether public or private, provided the institutions establish and adhere to rules applicable to the right of cancellation of private mortgage insurance or mortgage guaranty insurance, which are the same or substantially the same as those utilized by the above-named institutions.
private mortgage insurance mortgage guaranty insurance owner-occupied property loan cancellation appraised value outstanding principal balance notice of default institutional third party Federal National Mortgage Association home loan late payment penalties personal use loan real property cancellation conditions government housing programs
(Added by Stats. 1997, Ch. 62, Sec. 1. Effective January 1, 1998.)
If you have a mortgage for a one- to four-family home, the company or person you pay needs to send you a detailed yearly statement by the end of February. This statement shows all your payments for the year, including interest, principal, late fees, any money kept aside for things like taxes or insurance, and any interest that might have been added to these accounts. You should get this statement for free without having to ask for it. If you want more detailed information, you can request additional statements. The term 'mortgagee' covers anyone managing or holding the loan, and 'mortgage' can mean various types of property loans, like a mortgage or a deed of trust.
(a)CA Civil Law Code § 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 of the purchase price of the property or to refinance such a mortgage, shall furnish to the mortgagor within 60 days after the end of each calendar year a written statement showing the amount of moneys received for interest and principal repayment, late charges, moneys received and held in or disbursed from an impound account, if any, for the payment of taxes on the property, insurance premiums, bond assessments, or other purposes relating to the property, and interest credited to the account,
if any. The written statement required to be furnished by this section shall be deemed furnished if the mortgagee of record transmits to the mortgagor of record cumulative statements or receipts which, for each calendar year, provide in one of the statements or receipts the information required by this section. The mortgagor, trustor or vendee shall be entitled to receive one such statement for each calendar year without charge and without request. Such statement shall include a notification in 10-point type that additional accountings can be requested by the mortgagor, trustor, or vendee, pursuant to Section 2954.
(b)CA Civil Law Code § 2954.2(b) For the purposes of this section:
(1)CA Civil Law Code § 2954.2(b)(1) “Mortgagee” includes a beneficiary under a deed of trust, a vendor under a real property sale contract, and an organization which services a mortgage or deed of trust by receiving and disbursing payments for the mortgagee or
beneficiary.
(2)CA Civil Law Code § 2954.2(b)(2) “Mortgage” includes a first or second mortgage, a first or second deed of trust, and a real property sale contract.
(3)CA Civil Law Code § 2954.2(b)(3) “Impound account” includes a trust or other type of account established for the purposes described in subdivision (a).
(c)CA Civil Law Code § 2954.2(c) The requirements of this section shall be in addition to the requirements of Section 2954.
(d)CA Civil Law Code § 2954.2(d) This section shall become operative on December 31, 1978, and apply to moneys received by a mortgagee on and after January 1, 1978.
mortgagor statement interest payments principal repayment late charges impound account tax payments insurance premiums bond assessments real property sale deed of trust mortgage refinance mortgage servicing property loan statement additional accountings cumulative statements
(Added by Stats. 1976, Ch. 774.)
This law explains the rules for charging late fees on loan payments for single-family homes that the owner occupies. If you pay a mortgage installment late, the fee can't be more than 6% of the payment or $5, whichever is higher. You can't be charged multiple late fees for the same missed payment, and a payment is only considered late if it's overdue by at least 10 days. If you make a full payment on time or within 10 days of the due date, no late fee applies, regardless of past late payments. The rule doesn't apply to credit unions, industrial loan companies, finance lenders, or real estate brokers under certain conditions. The law covers loans made from 1976 onwards and ensures borrowers still need to pay what they owe and lenders keep their rights to collect installments.
(a)CA Civil Law Code § 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 on real property containing only a single-family, owner-occupied dwelling, shall not exceed either (1) the equivalent of 6 percent of the installment due that is applicable to payment of principal and interest on the loan, or (2) five dollars ($5), whichever is greater. A charge may not be imposed more than once for the late payment of the same installment. However, the imposition of a late charge on any late
payment does not eliminate or supersede late charges imposed on prior late payments. A payment is not a “late payment” for the purposes of this section until at least 10 days following the due date of the installment.
(b)CA Civil Law Code § 2954.4(b) A late charge may not be imposed on any installment which is paid or tendered in full on or before its due date, or within 10 days thereafter, even though an earlier installment or installments, or any late charge thereon, may not have been paid in full when due. For the purposes of determining whether late charges may be imposed, any payment tendered by the borrower shall be applied by the lender to the most recent installment due.
(c)CA Civil Law Code § 2954.4(c) A late payment charge described in subdivision (a) is valid if it satisfies the requirements of this section and Section 2954.5.
(d)CA Civil Law Code § 2954.4(d) Nothing in this section shall be
construed to alter in any way the duty of the borrower to pay any installment then due or to alter the rights of the lender to enforce the payment of the installments.
(e)CA Civil Law Code § 2954.4(e) This section is not applicable to loans made by a credit union subject to Division 5 (commencing with Section 14000) of the Financial Code, by an industrial loan company subject to Division 7 (commencing with Section 18000) of the Financial Code, or by a finance lender subject to Division 9 (commencing with Section 22000) of the Financial Code, and is not applicable to loans made or negotiated by a real estate broker subject to Article 7 (commencing with Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code.
(f)CA Civil Law Code § 2954.4(f) As used in this section, “single-family, owner-occupied dwelling” means a dwelling that will be owned and occupied by a signatory to the mortgage or deed of trust
secured by the dwelling within 90 days of the execution of the mortgage or deed of trust.
(g)CA Civil Law Code § 2954.4(g) This section applies to loans executed on and after January 1, 1976.
late payment fee installment due mortgage deed of trust single-family dwelling owner-occupied 6 percent cap $5 minimum 10-day grace period borrower obligations lender rights loan exceptions credit unions industrial loan companies finance lenders
(Amended by Stats. 2001, Ch. 159, Sec. 35. Effective January 1, 2002.)
This section explains the rules for charging late fees on loan payments secured by real estate. Before charging a late fee, the lender must notify the borrower in writing and give them 10 days to make the missed payment, or include the late fee information in each bill. If a borrower misses another payment, they must be told in advance before any fees are charged, or be given a semiannual summary of the late charges. Notices should be sent to the address the borrower has given, or the address on record if none is specified. If there are multiple borrowers, notifying one is sufficient. Even if the lender doesn't follow these steps, it doesn't waive the borrower's responsibility to meet other loan obligations. These rules only apply to loans made after January 1, 1971, and amendments made in 1975 apply to loans after January 1, 1976.
(a)CA Civil Law Code § 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 loan made pursuant to Division 9 (commencing with Section 22000) of the Financial Code, secured by real property, and before the borrower becomes obligated to pay this charge, the borrower shall either (1) be notified in writing and given at least 10 days from mailing of the notice in which to cure the delinquency, or (2) be informed, by a billing or notice sent for each payment due on the
loan, of the date after which this charge will be assessed.
The notice provided in either paragraph (1) or (2) shall contain the amount of the charge or the method by which it is calculated.
(b)CA Civil Law Code § 2954.5(b) If a subsequent payment becomes delinquent the borrower shall be notified in writing, before the late charge is to be imposed, that the charge will be imposed if payment is not received, or the borrower shall be notified at least semiannually of the total amount of late charges imposed during the period covered by the notice.
(c)CA Civil Law Code § 2954.5(c) Notice provided by this section shall be sent to the address specified by the borrower, or, if no address is specified, to the borrower’s address as shown in the lender’s records.
(d)CA Civil Law Code § 2954.5(d) In case of multiple borrowers obligated on the same loan, a notice mailed
to one shall be deemed to comply with this section.
(e)CA Civil Law Code § 2954.5(e) The failure of the lender to comply with the requirements of this section does not excuse or defer the borrower’s performance of any obligation incurred in the loan transaction, other than his or her obligation to pay a late payment charge, nor does it impair or defer the right of the lender to enforce any other obligation including the costs and expenses incurred in any enforcement authorized by law.
(f)CA Civil Law Code § 2954.5(f) The provisions of this section as added by Chapter 1430 of the Statutes of 1970 shall only affect loans made on and after January 1, 1971.
The amendments to this section made at the 1975–76 Regular Session of the Legislature shall only apply to loans executed on and after January 1, 1976.
late fee notification real estate loan delinquent payment borrower notice billing notice semiannual report multiple borrowers loan obligations lender compliance 1971 loan rule 1976 amendments charge calculation method address for notices loan enforcement statutory requirements
(Amended by Stats. 2001, Ch. 159, Sec. 36. Effective January 1, 2002.)
If you have a mortgage that requires you to have private mortgage insurance, the lender must tell you if you can cancel that insurance. This notice has to be in writing and include specific details like how to cancel, the conditions needed to cancel, and any necessary appraisals. They must give you this information no later than 30 days after closing. Also, you won't be charged for these notices. If the rules are violated, you can take legal action to stop the violation and possibly get triple the damages and your legal costs paid. However, this does not apply to certain loans that have lifelong insurance requirements or are federally insured. If you're affected, you can take action and potentially recover damages.
(a)CA Civil Law Code § 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 of a loan secured by a deed of trust or mortgage on real property, the lender or person making or arranging the loan shall notify the borrower whether or not the borrower has the right to cancel the insurance. If the borrower has the right to cancel, then the lender or person making or arranging the loan shall notify the borrower in writing of
the following:
(1)CA Civil Law Code § 2954.6(a)(1) Any identifying loan or insurance information necessary to permit the borrower to communicate with the insurer or the lender concerning the insurance.
(2)CA Civil Law Code § 2954.6(a)(2) The conditions that are required to be satisfied before the private mortgage insurance or mortgage guaranty insurance may be subject to cancellation, which shall include, but is not limited to, both of the following:
(A)CA Civil Law Code § 2954.6(a)(2)(A) If the condition is a minimum ratio between the remaining principal balance of the loan and the original or current value of the property, that ratio shall be stated.
(B)CA Civil Law Code § 2954.6(a)(2)(B) Information concerning whether or not an appraisal may be necessary.
(3)CA Civil Law Code § 2954.6(a)(3) The procedure the borrower is required to follow to cancel
the private mortgage insurance or mortgage guaranty insurance.
(b)CA Civil Law Code § 2954.6(b) The notice required in subdivision (a) shall be given to the borrower no later than 30 days after the close of escrow. The notice shall be set forth in at least 10-point bold type.
(c)CA Civil Law Code § 2954.6(c) With respect to any loan specified in subdivision (a) for which private mortgage insurance or mortgage guaranty insurance is still maintained, the lender or person making, arranging, or servicing the loan shall provide the borrower with a notice containing the same information as specified in subdivision (a) or a clear and conspicuous written statement indicating that (1) the borrower may be able to cancel the private mortgage insurance or mortgage guaranty insurance based upon various factors, including appreciation of the value of the property derived from a current appraisal performed by an appraiser selected by the lender or
servicer, and paid for by the borrower, and (2) the borrower may contact the lender or person making, arranging, or servicing the loan at a designated address and telephone number to determine whether the borrower has a right of cancellation and, if so, the conditions and procedure to effect cancellation. The notice or statement required by this subdivision shall be provided in or with each written statement required by Section 2954.2.
(d)CA Civil Law Code § 2954.6(d) The notice required under this section shall be provided without cost to the borrower.
(e)CA Civil Law Code § 2954.6(e) Any person harmed by a violation of this section may obtain injunctive relief and may recover treble damages and reasonable attorney’s fees and costs.
(f)CA Civil Law Code § 2954.6(f) This section shall not apply to any mortgage funded with bond proceeds issued under an indenture requiring mortgage insurance for the life
of the loan nor to any insurance issued pursuant to Part 4 (commencing with Section 51600) of Division 31 of the Health and Safety Code, or loans insured by the Federal Housing Administration or Veterans Administration.
private mortgage insurance insurance cancellation borrower notification loan conditions appraisal requirement lender obligations injunctive relief treble damages escrow closure notice format borrower rights Federal Housing Administration Veterans Administration exempt loans cost-free notice
(Amended by Stats. 2001, Ch. 137, Sec. 1. Effective January 1, 2002. Operative July 1, 2002, by Sec. 2 of Ch. 137.)
If someone cancels their private mortgage insurance, the insurance company has to give back the leftover premium money to the person the insured designates within 30 days.
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 the remaining portion of the unused premium to the person or persons designated by the insured.
private mortgage insurer mortgage guaranty insurer cancellable policy refund unused premium insurance cancellation notice of cancellation designated recipient unused premium refund 30-day refund period insured designation mortgage insurance return policy cancellation premium refund process insurance refund timeline recipient of refund
(Added by Stats. 1990, Ch. 1099, Sec. 2.)
This law allows borrowers to stop paying private mortgage insurance (PMI) or mortgage guaranty insurance under certain conditions. First, the borrower must request termination in writing, at least two years after the loan started. The loan must be for a personal residence, and the remaining loan balance can't be more than 75% of the property's value, unless a different agreement is made. The property must be current on payments, with no recent payment issues. Some loans, like those under specific public programs, are excluded from this rule. Also, if the loan is sold to institutions like Fannie Mae, their rules on ending insurance apply.
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 deed of trust or mortgage purchased in whole or in part by an institutional third party specifically prohibits cancellation during the term of the indebtedness, if a borrower so requests and the conditions established by paragraphs (1) to (5), inclusive, of subdivision (a) are met, a borrower may terminate future payments for private mortgage insurance, or mortgage guaranty insurance as
defined in subdivision (a) of Section 12640.02 of the Insurance Code, issued as a condition to the extension of credit in the form of a loan evidenced by a note or other evidence of indebtedness that is secured by a deed of trust or mortgage on the subject real property.
(a)CA Civil Law Code § 2954.7(a) The following conditions shall be satisfied in order for a borrower to be entitled to terminate payments for private mortgage insurance or mortgage guaranty insurance:
(1)CA Civil Law Code § 2954.7(a)(1) The request to terminate future payments for private mortgage insurance or mortgage guaranty insurance shall be in writing.
(2)CA Civil Law Code § 2954.7(a)(2) The origination date of the note or evidence of indebtedness shall be at least two years prior to the date of the request.
(3)CA Civil Law Code § 2954.7(a)(3) The note or evidence of indebtedness shall be for personal,
family, household, or purchase money purposes, secured by a deed of trust or mortgage on owner-occupied, one- to four-unit, residential real property.
(4)CA Civil Law Code § 2954.7(a)(4) The unpaid principal balance owed on the secured obligation that is the subject of the private mortgage insurance or mortgage guaranty insurance shall not be more than 75 percent, unless the borrower and lender or servicer of the loan agree in writing upon a higher loan-to-value ratio, of either of the following:
(A)CA Civil Law Code § 2954.7(a)(4)(A) The sale price of the property at the origination date of the note or evidence of indebtedness, provided that the current fair market value of the property is equal to or greater than the original appraised value used at the origination date.
(B)CA Civil Law Code § 2954.7(a)(4)(B) The current fair market value of the property as determined by an appraisal, the cost of which shall be
paid for by the borrower. The appraisal shall be ordered and the appraiser shall be selected by the lender or servicer of the loan.
(5)CA Civil Law Code § 2954.7(a)(5) The borrower’s monthly installments of principal, interest, and escrow obligations on the encumbrance or encumbrances secured by the real property shall be current at the time the request is made and those installments shall not have been more than 30 days past due over the 24-month period immediately preceding the request, provided further, that no notice of default has been recorded against the security real property pursuant to Section 2924, as a result of a nonmonetary default by the borrower (trustor) during the 24-month period immediately preceding the request.
(b)CA Civil Law Code § 2954.7(b) This section does not apply to any of the following:
(1)CA Civil Law Code § 2954.7(b)(1) A note or evidence of indebtedness secured by a deed of
trust or mortgage, or mortgage insurance, executed under the authority of Part 3 (commencing with Section 50900) or Part 4 (commencing with Section 51600) of Division 31 of the Health and Safety Code.
(2)CA Civil Law Code § 2954.7(b)(2) Any note or evidence of indebtedness secured by a deed of trust or mortgage that is funded in whole or in part pursuant to authority granted by statute, regulation, or rule that, as a condition of that funding, prohibits or limits termination of payments for private mortgage insurance or mortgage guaranty insurance during the term of the indebtedness.
(3)CA Civil Law Code § 2954.7(b)(3) Notes or evidence of indebtedness that require private mortgage insurance and were executed prior to January 1, 1991.
(c)CA Civil Law Code § 2954.7(c) If the note secured by the deed of trust or mortgage will be or has been sold in whole or in part to an institutional third party, adherence to
the institutional third party’s standards for termination of future payments for private mortgage insurance or mortgage guaranty insurance shall be deemed in compliance with the requirements of this section.
(d)CA Civil Law Code § 2954.7(d) For the purposes of this section, “institutional third party” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, and other substantially similar institutions, whether public or private, provided the institutions establish and adhere to rules applicable to the right of cancellation of private mortgage insurance or mortgage guaranty insurance, which are the same or substantially the same as those utilized by the above-named institutions.
private mortgage insurance termination mortgage guaranty insurance conditions borrower request loan-to-value ratio residential real property current fair market value appraisal requirement default notice Fannie Mae standards Freddie Mac compliance two-year loan origination escrow obligations Section 2924 institutional third party rules owner-occupied property
(Amended by Stats. 2006, Ch. 538, Sec. 56. Effective January 1, 2007.)
This law requires that when a financial institution, like a bank or credit union, holds money in advance for property-related expenses (such as taxes or insurance) on a single-family to four-family home in California, they must pay at least 2% simple interest per year on the held funds to the borrower. This interest should be added to the borrower's account each year or when the account ends, whichever comes first. Additionally, the institution cannot charge fees that would reduce this interest rate below 2%. However, this rule doesn’t apply to loans made before a certain date or in certain specific regulatory situations. The rule regarding 2% interest only applies to loans made on or after January 1, 1980.
(a)CA Civil Law Code § 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 purchases obligations secured by such property and that receives money in advance for payment of taxes and assessments on the property, for insurance, or for other purposes relating to the property, shall pay interest on the amount so held to the borrower. The interest on such amounts shall be at the rate of at least 2 percent simple interest per annum. Such interest shall be credited to the borrower’s account annually or upon termination of such account, whichever is earlier.
(b)CA Civil Law Code § 2954.8(b) No financial institution subject to the provisions of this section shall impose any fee or charge in connection with the maintenance or disbursement of money received in advance for the payment of taxes and assessments on real property securing loans made by such financial institution, or for the payment of insurance, or for other purposes relating to such real property, that will result in an interest rate of less than 2 percent per annum being paid on the moneys so received.
(c)CA Civil Law Code § 2954.8(c) For the purposes of this section, “financial institution” means a bank, savings and loan association or credit union chartered under the laws of this state or the United States, or any other person or organization making loans upon the security of real property containing only a one- to four-family residence.
(d)CA Civil Law Code § 2954.8(d) The provisions of this
section do not apply to any of the following:
(1)CA Civil Law Code § 2954.8(d)(1) Loans executed prior to the effective date of this section.
(2)CA Civil Law Code § 2954.8(d)(2) Moneys which are required by a state or federal regulatory authority to be placed by a financial institution other than a bank in a non-interest-bearing demand trust fund account of a bank.
The amendment of this section made by the 1979–80 Regular Session of the Legislature shall only apply to loans executed on or after January 1, 1980.
financial institution advance payments real property loans interest on held funds simple interest borrower's account property taxes insurance payments interest requirement fee prohibition exclusions non-interest-bearing trust fund four-family residence chartered banks 1980 loan regulation
(Amended by Stats. 1979, Ch. 803.)
If a bank or similar financial institution in California holds insurance money meant for rebuilding or repairing a single-family home, it has to pay at least 2% interest per year on that money. This interest is added to the insurance account every year or when the account is closed, whichever comes first. The bank can't charge fees that would reduce this interest below 2%. This rule doesn't apply if regulations require the money to be kept in a non-interest account. There are options to deposit in accounts that pay interest in certain federal or government-related banks. If some parts of this law aren't valid, other parts still apply.
(a)CA Civil Law Code § 2954.85(a) A 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 purchases obligations secured by the property and that holds hazard insurance proceeds in a loss draft account pending property rebuilding or repair shall pay interest on those funds at a rate of at least 2 percent simple interest per annum. That interest shall be credited to the loss draft account annually or upon termination of the account, whichever is earlier.
(b)CA Civil Law Code § 2954.85(b) A financial institution shall not impose a fee or charge in connection with the maintenance or disbursement of hazard insurance proceeds held in a loss draft account pending rebuilding or repair of the real property
securing loans made by the financial institution that will result in an interest rate of less than 2 percent per annum being paid on the hazard insurance proceeds held.
(c)CA Civil Law Code § 2954.85(c) For the purposes of this section, “financial institution” means a bank, savings and loan association, or credit union chartered under the laws of this state or the United States, or any other person or organization making loans upon the security of real property containing only a one- to four-family residence.
(d)CA Civil Law Code § 2954.85(d) This section shall not apply to hazard insurance proceeds held in a loss draft account that are required by a state or federal regulatory authority to be placed by a financial institution other than a bank in a non-interest-bearing demand trust fund account of a bank.
(e)CA Civil Law Code § 2954.85(e) Notwithstanding any other law, a financial institution may deposit
hazard insurance proceeds in an interest-bearing account in a federally insured depository institution, a federal home loan bank, a federal reserve bank, or another similar government-sponsored enterprise.
(f)CA Civil Law Code § 2954.85(f) For funds held in a loss draft account as of the effective date of this section, the interest described in subdivision (a) shall begin to accrue on the effective date of this section.
(g)CA Civil Law Code § 2954.85(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
financial institution hazard insurance proceeds loss draft account property rebuilding repair interest rate 2 percent simple interest fee prohibition credit union regulatory authority non-interest-bearing account federally insured depository federal home loan bank federal reserve bank severability
(Added by Stats. 2025, Ch. 103, Sec. 1. (AB 493) Effective August 29, 2025.)
If you take out a loan to buy a home with four units or less, you usually have the right to pay off your loan early, either in part or in full. You might have to pay an extra fee if you do this within the first five years. However, you can prepay up to 20% of the original principal each year without penalty. If you repay more than that annually, the penalty is capped at six months’ interest on the excess amount. But if your home is damaged by a natural disaster declared by the Governor, you won't be charged a prepayment penalty.
(a)Copy CA Civil Law Code § 2954.9(a)
(1)Copy CA Civil Law Code § 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 any note or evidence of indebtedness secured by a deed of trust or mortgage or any other lien on real property shall be entitled to prepay the whole or any part of the balance due, together with accrued interest, at any time.
(2)CA Civil Law Code § 2954.9(a)(2) Nothing in this subdivision shall prevent a borrower from obligating himself, by an agreement in writing, to pay a prepayment charge.
(3)CA Civil Law Code § 2954.9(a)(3) This subdivision does not apply during any calendar year to a bona fide loan secured by a deed of trust or mortgage given back during such calendar year to the seller by the purchaser on account of the purchase price if the seller does not take back four or more such deeds of trust or mortgages during such calendar year. Nothing in this subdivision shall be construed to prohibit a borrower from making a prepayment by an agreement in writing with the lender.
(b)CA Civil Law Code § 2954.9(b) Except as otherwise provided in Section 10242.6 of the Business and Professions Code, the principal and accrued interest on any loan secured by a mortgage or deed of trust on owner-occupied residential real property containing only four units or less may be prepaid in whole or in part at any time but only a prepayment made within five years of the date of execution of such mortgage or deed of trust may be subject to a
prepayment charge and then solely as herein set forth. An amount not exceeding 20 percent of the original principal amount may be prepaid in any 12-month period without penalty. A prepayment charge may be imposed on any amount prepaid in any 12-month period in excess of 20 percent of the original principal amount of the loan which charge shall not exceed an amount equal to the payment of six months’ advance interest on the amount prepaid in excess of 20 percent of the original principal amount.
(c)CA Civil Law Code § 2954.9(c) Notwithstanding subdivisions (a) and (b), there shall be no prepayment penalty charged to a borrower under a loan subject to this section if the residential structure securing the loan has been damaged to such an extent by a natural disaster for which a state of emergency is declared by the Governor, pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code, that the residential structure cannot be occupied
and the prepayment is causally related thereto.
loan prepayment residential property four units or less prepayment charge accrued interest deed of trust mortgage prepayment penalty natural disaster damage bona fide loan owner-occupied written agreement seller financing emergency declaration 20 percent rule
(Amended by Stats. 1990, Ch. 663, Sec. 2.)
This law requires that money held by a mortgage holder or a trust deed beneficiary in California, meant for property taxes, insurance, or other related expenses, must be kept in the state and invested with local businesses. However, there are exceptions allowing certain large financial or governmental organizations, like banks or federal agencies, to deposit these funds in insured out-of-state institutions. If funds are kept out of state, records must be accessible in California, either by making them available locally or covering the costs for local regulators to examine them elsewhere. The California Attorney General can take legal action if these regulations are violated.
(a)CA Civil Law Code § 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 a contract of sale of real property in this state, in an impound account for the payment of taxes and assessments or insurance premiums or other purposes on or relating to the property, shall be retained in this state and, if invested, shall be invested only with residents of this state in the case of individuals, or with partnerships, corporations, or other persons, or the branches or subsidiaries thereof, which are
engaged in business within this state.
(b)CA Civil Law Code § 2955(b) Notwithstanding subdivision (a), a mortgagee or beneficiary of a deed of trust, secured by a first lien on real property, may deposit money held for the payment of taxes and assessments or insurance premiums or other purposes in an impound account in an out-of-state depository institution insured by the Federal Deposit Insurance Corporation if the mortgagee or beneficiary is any one of the following:
(1)CA Civil Law Code § 2955(b)(1) The Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Veteran’s Administration.
(2)CA Civil Law Code § 2955(b)(2) A bank or subsidiary thereof, bank holding company or subsidiary thereof, trust company, savings bank or savings and loan association or subsidiary thereof, savings bank
or savings association holding company or subsidiary thereof, credit union, industrial bank or industrial loan company, commercial finance lender, personal property broker, consumer finance lender, or insurer doing business under the authority of and in accordance with the laws of this state, any other state, or of the United States relating to banks, trust companies, savings banks or savings associations, credit unions, industrial banks or industrial loan companies, commercial finance lenders, personal property brokers, consumer finance lenders, or insurers, as evidenced by a license, certificate, or charter issued by the United States or a state, district, territory, or commonwealth of the United States.
(3)CA Civil Law Code § 2955(b)(3) Trustees of a pension, profit-sharing, or welfare fund, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000).
(4)CA Civil Law Code § 2955(b)(4) A corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934, or a wholly owned subsidiary of that corporation.
(5)CA Civil Law Code § 2955(b)(5) A syndication or other combination of any of the entities specified in paragraphs (1) to (4), inclusive, that is organized to purchase the promissory note.
(6)CA Civil Law Code § 2955(b)(6) The California Housing Finance Agency or a local housing finance agency organized under the Health and Safety Code.
(7)CA Civil Law Code § 2955(b)(7) A licensed real estate broker selling all or part of the loan, note, or contract to a lender or purchaser described in paragraphs (1) to (6), inclusive, of this subdivision.
(8)CA Civil Law Code § 2955(b)(8) A licensed residential mortgage lender or servicer when acting under the authority of that license.
(c)CA Civil Law Code § 2955(c) A mortgagee or beneficiary of a deed of trust who deposits funds held in trust in an out-of-state depository institution in accordance with subdivision (b) shall make available, in this state, the books, records, and files pertaining to those trust accounts to the appropriate state regulatory department or agency, or pay the reasonable expenses for travel and lodging incurred by the regulatory department or agency in order to conduct an examination at an out-of-state location.
(d)CA Civil Law Code § 2955(d) The Attorney General may bring an action on behalf of the people of California to enjoin a violation of subdivision (a) or subdivision (b).
impound account real property mortgagee beneficiary deed of trust taxes and assessments insurance premiums out-of-state depository institution Federal Deposit Insurance Corporation California Housing Finance Agency pension fund net worth licensed real estate broker licensed residential mortgage lender state regulatory examination Attorney General enforcement
(Amended (as amended by Stats. 1992, Ch. 1055, Sec. 3) by Stats. 1995, Ch. 564, Sec. 5. Effective January 1, 1996.)
If you're getting a loan for your condo and the lender or a big financial institution, like Fannie Mae, requires earthquake insurance, they must tell you a few things upfront. These include that not all lenders have this requirement, earthquake insurance might be needed for the whole condo project, and there might also be a need for extra financial reserves to cover the insurance deductible. This information must be given to you in writing as soon as possible.
(a)CA Civil Law Code § 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 insurance or imposes a fee or any other condition in lieu thereof pursuant to an underwriting requirement imposed by an institutional third-party purchaser shall disclose all of the following to the potential borrower:
(1)CA Civil Law Code § 2955.1(a)(1) That the lender or the institutional third party in question requires earthquake insurance or imposes a fee or any other condition in lieu thereof pursuant to an underwriting requirement imposed by an institutional third-party purchaser.
(2)CA Civil Law Code § 2955.1(a)(2) That not all lenders or institutional third parties require earthquake insurance or impose a fee or any other condition in lieu thereof pursuant to an underwriting requirement imposed by an institutional third-party purchaser.
(3)CA Civil Law Code § 2955.1(a)(3) Earthquake insurance may be required on the entire condominium project.
(4)CA Civil Law Code § 2955.1(a)(4) That lenders or institutional third parties may also require that a condominium project maintain, or demonstrate an ability to maintain, financial reserves in the amount of the earthquake insurance deductible.
(b)CA Civil Law Code § 2955.1(b) For the purposes of this section, “institutional third party” means the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, and other substantially similar institutions, whether public or private.
(c)CA Civil Law Code § 2955.1(c) The disclosure required by this section shall be made in writing by the lender as soon as reasonably practicable.
earthquake insurance condominium project loan requirements institutional third party underwriting requirement financial reserves insurance deductible Federal Home Loan Mortgage Corporation Federal National Mortgage Association Government National Mortgage Association written disclosure borrower's separate interest condo loan lender requirements potential borrower
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 41) by Stats. 2013, Ch. 605, Sec. 18. (SB 752) Effective January 1, 2014.)
This law says that lenders can't make borrowers get hazard insurance for real estate loans that covers more than what it would cost to replace the buildings on the property. They must also inform borrowers about this rule in writing before any loan documents are signed. If a lender breaks this rule, the borrower can take legal action to stop the behavior and may receive compensation, including for legal fees. However, even if this rule is broken, it doesn't make the loan itself invalid.
(a)CA Civil Law Code § 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 risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property.
(b)CA Civil Law Code § 2955.5(b) A lender shall disclose to a borrower, in writing, the contents of subdivision (a), as soon as practicable, but before execution of any note or security
documents.
(c)CA Civil Law Code § 2955.5(c) Any person harmed by a violation of this section shall be entitled to obtain injunctive relief and may recover damages and reasonable attorney’s fees and costs.
(d)CA Civil Law Code § 2955.5(d) A violation of this section does not affect the validity of the loan, note secured by a deed of trust, mortgage, or deed of trust.
(e)CA Civil Law Code § 2955.5(e) For purposes of this section:
(1)CA Civil Law Code § 2955.5(e)(1) “Hazard insurance coverage” means insurance against losses caused by perils which are commonly covered in policies described as a “Homeowner’s Policy,” “General Property Form,” “Guaranteed Replacement Cost Insurance,” “Special Building Form,” “Standard Fire,” “Standard Fire with Extended Coverage,” “Standard Fire with Special Form Endorsement,” or comparable insurance coverage to protect the real property
against loss or damage from fire and other perils covered within the scope of a standard extended coverage endorsement.
(2)CA Civil Law Code § 2955.5(e)(2) “Improvements” means buildings or structures attached to the real property.
hazard insurance real property loans replacement value loan conditions lender requirements borrower rights injunctive relief damages and attorney fees building replacement cost loan document disclosure
(Amended by Stats. 1999, Ch. 412, Sec. 1. Effective January 1, 2000. Operative July 1, 2000, by Sec. 2 of Ch. 412.)