Shared Appreciation LoansGeneral Provisions
Section § 1917.160
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.
Section § 1917.161
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.
Section § 1917.162
This section says that in shared appreciation loans, lenders can demand full repayment if the property is sold, unless another law specifically prevents it. The law acknowledges that enforcing a "due-on-sale" clause has been viewed as challenging, but it is important for lenders due to the risks associated with these types of loans. Allowing this clause makes shared appreciation loans more feasible by reducing lender risk, especially for longer-term loans that benefit affordability.
Section § 1917.163
This law section explains that shared appreciation loans in California must follow the specific rules laid out in this chapter. However, it clarifies that these rules do not apply if the shared appreciation financing involves property types mentioned in another section or if they are made through different legal guidelines. It also states that this section doesn’t affect shared appreciation loans for commercial properties or residential ones that don’t match a certain set of criteria.
Section § 1917.164
This law states that shared appreciation loans don't have to follow rules about specific interest rate limits, required language, or provisions for loans with changing rates. It's basically saying this is already how the law is understood.
Section § 1917.165
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.
Section § 1917.166
This law says that when you take out a shared appreciation loan, the agreement for that loan gets recorded and its lien, which is the lender's legal claim to your property, becomes prioritized over other claims recorded after it. This includes all the interest you owe, both what you've already accrued and what you'll accrue in the future. It also covers any special interest payments that might be deferred. Other loans or claims can exist on the property, but they can't take precedence over the shared appreciation loan. The law clarifies that it doesn't override another specific rule about property liens.
Section § 1917.167
This law says that if a shared appreciation loan starts with a fixed interest rate that follows California's limits on interest rates (usury laws), it won't be considered illegal interest (usurious) just because it includes future interest payments that depend on certain conditions happening.
Section § 1917.168
This law states that certain qualification requirements typically needed for financial transactions don't apply to a particular type of loan called a 'shared appreciation loan,' if it meets a specific exemption under another section of the Corporations Code.