Section § 7450

Explanation

This section explains that an association in California can issue loans as long as they ensure the loan is financially sound and can be repaid by the borrower, considering the borrower's financial resources. Additionally, loans can be made to or acquired from directors, officers, or affiliated persons, but these must adhere to regulations set by the commissioner. Loans benefiting these parties are also regulated.

(a)CA Financial Code § 7450(a) An association may make any loan authorized by this division, but the association shall first determine that the type, amount, purpose, and repayment provisions of the loan in relation to the borrower’s resources and credit standing support the reasonable belief that the loan will be financially sound and will be repaid according to its terms, and that the loan is not otherwise unlawful.
(b)CA Financial Code § 7450(b) Subject to any regulations of the commissioner, an association may make or acquire loans directly or indirectly to or from any director, officer, affiliated person, or any parent or subsidiary. Loans made or acquired, directly or indirectly, the proceeds of which are intended to inure or have inured to the benefit of these parties are subject to the same regulations.

Section § 7450.2

Explanation

This law says that an association cannot make loans to corporations if 10% or more of the company's stock is owned or controlled by its directors, officers, employees, or major stockholders unless they get written permission from the commissioner first. A major stockholder is someone or their immediate family who owns more than 10% of the association's stock. Additionally, loans that benefit such corporations directly or indirectly are also restricted without the commissioner's consent.

Except with the prior written consent of the commissioner, no association shall knowingly make:
(a)CA Financial Code § 7450.2(a) Any loan to any corporation of which 10 percent or more of the stock is owned or controlled individually or collectively by any one or more of the directors, officers, employees, or substantial stockholders of the association.
As used in this subdivision, “substantial stockholder” means a person who has a real or beneficial ownership of more than 10 percent of the outstanding stock of the association. For this purpose, stock owned by the person’s immediate family shall be deemed owned by that person.
(b)CA Financial Code § 7450.2(b) Any loan the proceeds of which are intended to inure to the benefit of any corporation specified in subdivision (a).

Section § 7451

Explanation

This law limits how much an association can lend or invest in one borrower or project to 25% of its net worth, unless the commissioner allows otherwise. The term "one borrower" is explained further in another section.

Except as otherwise provided by the commissioner, an association shall not make or acquire total loans with respect to one borrower or on one project in an amount exceeding 25 percent of the net worth of the association. As used in this section, “one borrower” has the meaning defined in Section 7453.

Section § 7452

Explanation

This law allows associations to give out consumer loans, but the total amount of these loans can't be more than 30% of the association's assets.

Additionally, associations can include loans given to dealers for inventory and floor planning within this 30% limit. When figuring out how much can be loaned to one borrower, these dealer loans are considered commercial loans.

(a)CA Financial Code § 7452(a) An association may make consumer loans, provided that the total of such loans shall not exceed 30-percent of the assets of the association.
(b)CA Financial Code § 7452(b) An association may include loans to dealers in consumer goods to finance inventory and floor planning in the total investment as part of the 30-percent limitation described in subdivision (a). For purposes of the limitations on loans to one borrower, loans to dealers in consumer goods to finance inventory and floor planning shall be treated as commercial loans.

Section § 7453

Explanation

This law allows associations to make or invest in certain types of loans for agriculture, business, commercial, or corporate purposes, but they can only use up to 10% of their assets for these loans. Additionally, associations can engage in loans originated by specific entities, like banks and insurance companies, but still must keep this investment within the 10% limit.

Loans must meet certain criteria, such as being highly rated if they're corporate debt securities. An association cannot lend too much to a single borrower unless approved by a commissioner, following specific national bank or commercial bank standards. Certain types of loans, like those secured by real estate or with a specific nature, are exceptions to this rule. The term 'one borrower' includes any person or entity closely related to the obligor by ownership or financial interest.

(a)CA Financial Code § 7453(a) An association may make, invest in, sell, purchase, participate in, or otherwise deal in secured or unsecured loans for agricultural, business, commercial, or corporate purposes, provided that the total investment in such loans does not exceed 10 percent of the assets of the association.
(b)CA Financial Code § 7453(b) An association may invest in, sell, purchase, participate in, or otherwise deal in loans specified in subdivision (a) which are originated by any savings association, federal association, holding company of a federally insured savings association, commercial bank, bank holding company, subsidiary of a bank holding company, or insurance company, provided that the total investment in such loans shall not exceed 10 percent of the association’s assets.
(c)CA Financial Code § 7453(c) For the purposes of this section, the term “loan” does not include any corporate debt security unless it is rated in one of the four highest rating categories by at least one nationally recognized rating service.
(d)CA Financial Code § 7453(d) No association shall make, invest in, purchase, or participate in a loan for agricultural, business, commercial, or corporate purposes to one borrower, except as the commissioner may approve in writing, if the sum of the amount of the association’s interest in the loan and the total balance of the association’s interest in all outstanding loans for those purposes owed to the association by that borrower exceed the greater of (1) the amount a national bank having an identical total capital and surplus could lend to one borrower, or (2) the amount a commercial bank, as defined in Section 105, having an identical total shareholders’ equity, capital notes, and debentures, could lend to one borrower. This subdivision shall not apply to loans (1) secured by real property, (2) sold without recourse, (3) on the security of the association’s deposit accounts, or (4) of unsecured day funds, including federal funds or similar unsecured loans.
(e)CA Financial Code § 7453(e) As used in this section the term “one borrower” means:
(1)CA Financial Code § 7453(e)(1) Any person that is, or upon the making of a loan will become, an obligor on the loans. However, a guarantor shall not be included within the meaning of “obligor” if, in connection with a loan the association has determined, in good faith, that the primary obligor has qualified for the loan irrespective of the existence of the guarantor. In the case of a loan that has been assumed by a third party with the consent of the association, the former debtor and any guarantor shall not be deemed to be an “obligor.”
(2)CA Financial Code § 7453(e)(2) Nominees of the obligor.
(3)CA Financial Code § 7453(e)(3) All persons, trusts, syndicates, partnerships and corporations of which the obligor is a nominee, a beneficiary, a member, a general partner, a limited partner owning an interest of 10 percent or more based on the value of his or her capital contribution, or a record or beneficial stockholder owning 10 percent or more of the capital stock.
(4)CA Financial Code § 7453(e)(4) If the obligor is a trust, syndicate, partnership or corporation, all trusts, syndicates, partnerships and corporations of which any beneficiary, member, general partner, limited partner owning an interest of 10 percent or more based on the value of his or her capital contribution, or record or beneficial stockholder owning 10 percent or more of the capital stock, is also a beneficiary, member, general partner, limited partner owning an interest of 10 percent or more based on the value of his or her capital contribution, or record or beneficial stockholder owning 10 percent or more of the capital stock of the obligor.

Section § 7454

Explanation

This law allows associations (like financial institutions) to issue credit cards and provide credit related to these cards. It also states that certain rules in the Civil Code about credit don't apply to these associations.

Each association is authorized to issue credit cards, extend credit in connection with the cards, and otherwise engage in or participate in credit card operations. The provisions of Title 2 (commencing with Section 1801) of the Civil Code shall not apply to any credit extended by an association pursuant to the provisions of this section.

Section § 7455

Explanation

This law says that no association, its directors, officers, or employees can force someone to buy insurance from a specific company, agency, or person as a condition for getting a loan or any other service from that association.

No association or director, officer, or employee of an association shall require, as a condition to the granting of any loan or the extension of any other service by the association, that the borrower or any other person undertake a contract of insurance with any specific company, agency, or individual.

Section § 7456

Explanation

This law states that when a financial association makes a loan commitment, like a loan in process or a letter of credit, it is considered an investment. However, it should only be included in the association's total assets if money has been given out but not yet paid back.

Any loan commitment made by an association shall be counted as an investment and shall be included in total assets of the association only to the extent that funds have been advanced (and not repaid) pursuant to the commitment. For the purposes of this section, the term “loan commitment” includes a loan in process, a letter of credit, or any other commitment to extend credit.

Section § 7457

Explanation

This law allows associations to offer loans secured by savings accounts. The borrower doesn't have to be the account owner, but there are specific rules in this article that apply to these loans.

An association may make loans on the security of its savings accounts, whether or not the borrower is the owner of the account, subject to the limitations of this article.

Section § 7458

Explanation

This law allows associations to offer overdraft loans for transaction accounts, but they must follow the rules set by the commissioner.

An association may make overdraft loans specifically related to transaction accounts, subject to regulations issued by the commissioner.

Section § 7459

Explanation

This law allows associations, such as savings and loan organizations, to set up a special reserve account. This account is specifically for covering losses that come from fraud committed by borrowers. The association can also take action to recover those losses directly from the borrower who committed the fraud.

In addition to establishing reserves pursuant to Section 6476, an association or federal association, as defined in Section 5102, may establish a separate loan reserve account regarding losses resulting from fraud by a borrower and may recover any of those losses from that borrower.

Section § 7460

Explanation

This law allows certain financial entities to sue a borrower for damages if the borrower committed fraud, causing the original lender to issue a loan secured by real estate. They can seek up to 50% more than the actual damages as a penalty to the borrower.

However, this law does not apply to loans secured by single-family homes that the borrower lives in, which are worth $150,000 or less (adjusted yearly by inflation since 1987).

Importantly, lawsuits under this rule are not considered deficiency judgments, which are typically rulings for unpaid debt after foreclosure sells a property.

(a)CA Financial Code § 7460(a) Notwithstanding Section 726 of the Code of Civil Procedure or any other provision of law to the contrary, an association, a federal association, an affiliate of an association or federal association, a service corporation, or any successor in interest thereto, that originates, acquires, or purchases, in whole or in part, any loan secured directly or collaterally, in whole or in part, by a mortgage or deed of trust on real property, or any interest therein, may bring an action for recovery of damages, including exemplary damages not to exceed 50 percent of the actual damages, against a borrower where the action is based on fraud under Section 1572 of the Civil Code and the fraudulent conduct by the borrower induced the original lender to make that loan.
(b)CA Financial Code § 7460(b) The provisions of this section shall not apply to loans secured by single-family, owner-occupied residential real property, when the property is actually occupied by the borrower as represented to the lender in order to obtain the loan and the loan is for an amount of one hundred fifty thousand dollars ($150,000) or less, as adjusted annually, commencing on January 1, 1987, to the Consumer Price Index as published by the United States Department of Labor.
(c)CA Financial Code § 7460(c) Any action maintained under this section for damages shall not constitute a money judgment for deficiency or a deficiency judgment within the meaning of Section 580a, 580b, or 580d of the Code of Civil Procedure.

Section § 7461

Explanation

This law section allows lenders, like banks or financial associations, to demand full repayment of a mortgage or use other legal remedies if the property owner doesn't pay specific expenses associated with the property. These expenses include taxes, rents, assessments, or insurance premiums, as outlined in the mortgage agreement.

Even if not paying these expenses hasn't yet harmed the lender's financial interest in the property, they can still enforce these actions.

The provisions of any deed of trust or mortgage on real property which authorize an association, federal association, affiliate or service corporation of an association or federal association, or any successor in interest thereto, to accelerate the maturity date of the principal and interest on any loan secured thereby or to exercise any power of sale or other remedy contained therein upon the failure of the trustor or mortgagor to pay, at the times provided for under the terms of the deed of trust or mortgage, any taxes, rents, assessments, or insurance premiums with respect to the property or the loan, or any advances made by the association, federal association, affiliate or service corporation of an association or federal association, or any successor in interest thereto, shall be enforceable whether or not impairment of the security interest in the property has resulted from the failure of the trustor or mortgagor to so pay the taxes, rents, assessments, insurance premiums, or advances.

Section § 7462

Explanation

This law states that if there's a deed of trust or mortgage on a piece of real estate, and it's set up so a bank or related party can manage the payout of insurance money from a fire, flood, or other hazard, those terms are valid. This holds true even if the property's value hasn't been affected by the incident that triggered the insurance payout.

The provisions of any deed of trust or mortgage on real property which authorize an association, federal association, affiliate or service corporation of an association or federal association, or any successor in interest thereto, to receive and control the disbursement of the proceeds of any policy of fire, flood, or other hazard insurance respecting the property shall be enforceable whether or not impairment of the security interest in the property has resulted from the event that caused the proceeds of the insurance policy to become payable.