Section § 1917.060

Explanation

This law specifies that when someone borrows money through a shared appreciation loan, the borrower and lender are simply in a debtor-creditor relationship. They aren't partners or engaged in any type of business venture together.

The relationship of the borrower and the lender, as to a shared appreciation loan, is that of debtor and creditor and shall not be, or be construed to be, a joint venture, equity venture, partnership, or other relationship.

Section § 1917.061

Explanation

This law says that if a borrower gives up any rights they have under this particular chapter, that agreement is not valid and cannot be enforced.

Any waiver of any right of a borrower under the provisions of this chapter shall be void and unenforceable.

Section § 1917.062

Explanation

This law allows lenders to enforce a 'due-on-sale' clause in a shared appreciation loan. This means the lender can require the borrower to pay off the loan if the property is sold or transferred. The rule helps reduce financial risks for lenders in shared appreciation loans by making this clause enforceable, which makes lending over a longer period more practical and affordable. However, there are exceptions based on other specific laws that might prevent this action. Basically, it's about balancing loan security for lenders with housing affordability.

(a)CA Civil Law Code § 1917.062(a) Notwithstanding Section 711, a provision in a shared appreciation loan (not including the refinancing obligation) permitting the lender to accelerate the maturity date of the principal and accrued interest on the loan upon a sale or other transfer of the property, as specified in subdivision (e) of Section 1917.031, shall be valid and enforceable against the borrower, except as may be precluded by Section 2924.6.
(b)CA Civil Law Code § 1917.062(b) The Legislature finds and declares that potential exposure to liability for enforcement of a “due-on-sale” clause consistent with Section 711, as interpreted by the courts, makes use of such a provision impractical. Moreover, the additional risks to the lender inherent in shared appreciation financing are greater with longer loan terms (which are more desirable from the standpoint of housing affordability), but this risk is reduced with an enforceable “due-on-sale” clause. Therefore, in order to facilitate shared appreciation financing, it is necessary to establish the exception specified in subdivision (a).

Section § 1917.063

Explanation

This law outlines the rules for shared appreciation loans, which are a type of financing where the lender shares in the property's future value increase. These loans must follow specific conditions, but the rules in this chapter don't apply to certain types of real estate listed in another section (Section 1917.030) or affect commercial properties. Pension funds can still offer shared appreciation financing through other legal means.

This chapter facilitates the making of shared appreciation financing in this state which conforms to the provisions of this chapter. The terms and conditions of any shared appreciation loan made pursuant to this chapter shall be consistent with this chapter. This chapter does not, however, apply to or limit shared appreciation financing of real property of a type specified in Section 1917.030 that is made pursuant to other provisions of law, or which is not otherwise unlawful. Nothing in this chapter shall be construed to in any way affect shared appreciation financing of commercial property or residential property not meeting the criteria specified in Section 1917.030.
Nothing in this chapter precludes a pension fund specified in Section 1917.030 from providing shared appreciation financing pursuant to Chapter 5 (commencing with Section 1917.110) or any other provision of law, or which is not otherwise unlawful.

Section § 1917.064

Explanation

This law says that shared appreciation loans are exempt from rules about setting or changing interest rates that apply to other types of loans. Basically, these loans don't have to follow certain regulations on interest rates or specific language that other loans might need. Also, the law confirms that this guideline has been in place already.

A shared appreciation loan shall not be subject to any provision of this code or the Financial Code which limits the interest rate or change of interest rate of variable, adjustable, or renegotiable interest instruments, or which requires particular language or provisions in security instruments securing variable, adjustable, or renegotiable rate obligations or in evidences of such debts.
This section is declaratory of existing law.

Section § 1917.065

Explanation

This law ensures that the deed of trust, which is a document related to a shared appreciation loan, covers not only the main loan amount but also all interest that is currently due or will be due in the future, including any deferred interest that depends on certain conditions.

The lien of a deed of trust securing a shared appreciation loan shall include and secure the principal amount of the shared appreciation loan, and all interest, whether accrued or to be accrued, including all amounts of contingent deferred interest.

Section § 1917.066

Explanation

This law states that when you take out a shared appreciation loan, the loan's lien (which is a legal right or interest that a lender has in the borrower's property, until a debt is satisfied) becomes active from the time its deed of trust is recorded. This lien, which includes both the main amount you borrowed and any interest, takes precedence over any other liens or claims on the property that are recorded afterwards. However, other liens can be recorded if they are recognized as being secondary to this loan.

The lien of a shared appreciation loan, including the principal amount and all interest, whether accrued or to be accrued, and all amounts of contingent deferred interest, shall attach from the time of the recordation of the deed of trust securing the loan, and the lien, including the lien of the interest accrued or to be accrued and of the contingent deferred interest, shall have priority over any other lien or encumbrance affecting the property secured by the shared appreciation instrument which is recorded after the time of recordation of the shared appreciation instrument. However, nothing in this section or Section 1917.165 shall preclude a junior lien or encumbrance subordinate to the obligation of the shared appreciation loan.

Section § 1917.067

Explanation

This law states that lenders don't have to follow the usual interest limits set by the California Constitution when they issue shared appreciation loans, which are special types of loans where the lender gets to share in the property's value increase. This rule is just clarifying what the law already says.

Lenders shall be exempt from the usury provisions of Article XV of the California Constitution with respect to shared appreciation loans made pursuant to this chapter.
This section is declaratory of existing law.

Section § 1917.068

Explanation

This law says that certain securities regulations do not apply to a shared appreciation loan if it meets two criteria. First, the loan must be represented by just one promissory note secured by a deed of trust, and it cannot be part of a series of notes tied to the same property. Second, the loan must not involve dividing the loan into fractions where different people own parts of the same loan backed by the same property.

The qualification requirements of Sections 25110, 25120, and 25130 of the Corporations Code shall not apply to a shared appreciation loan, provided (1) the loan obligation is evidenced by one promissory note secured by a deed of trust which is not one of a series of notes secured by interests in the same real property and (2) the loan obligation is not evidenced by fractional undivided interests in one promissory note secured by interests in the same real property.

Section § 1917.069

Explanation

This law section ensures that any fee a borrower is charged for processing their application for a shared appreciation loan cannot be more than what it reasonably costs to provide the service. Additionally, borrowers cannot be charged prepaid interest. However, lenders can still charge a fee for commitments to builders or others who will eventually transfer the loan to someone else.

The aggregate amount of any fee charged to the borrower for processing an application and preparing any necessary documents in connection with originating a shared appreciation loan shall not exceed the reasonable cost of providing the service. No prepaid interest shall be charged to the borrower, but nothing in this chapter shall preclude a lender from requiring a fee for providing commitments for shared appreciation loans to builders or others who will not be the ultimate borrower.