Shared Appreciation Loans of E.r.i.s.a. Pension FundsGeneral Provisions
Section § 1917.060
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 § 1917.061
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 § 1917.062
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.
Section § 1917.063
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.
Section § 1917.064
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.
Section § 1917.065
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 § 1917.066
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.
Section § 1917.067
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.
Section § 1917.068
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.
Section § 1917.069
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.