{"code":"CIV","codeName":"Civil Code","section":"1917.062","citation":"Civ. Code, § 1917.062","status":"not-in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 3. OBLIGATIONS [1427. - 3273.91.]","url":"https://blackletter.si/civil-code/division-3"},{"name":"PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738. - 3273.91.]","url":"https://blackletter.si/civil-code/division-3/part-4"},{"name":"TITLE 4. LOAN [1884. - 1923.10.]","url":"https://blackletter.si/civil-code/division-3/part-4/title-4"},{"name":"CHAPTER 4. Shared Appreciation Loans of E.R.I.S.A. Pension Funds [1917.010. - 1917.075.]","url":"https://blackletter.si/civil-code/division-3/part-4/title-4/chapter-4"},{"name":"ARTICLE 6. General Provisions [1917.060. - 1917.069.]","url":"https://blackletter.si/civil-code/division-3/part-4/title-4/chapter-4/article-6"}],"history":"Repealed and added by Stats. 1982, Ch. 466, Sec. 11.   Inoperative January 1, 1990, by Stats. 1982, Ch. 466, Sec. 11.5.","effective":null,"html":"<p>(a) Notwithstanding Section <a href=\"/civ/711\">711</a>, 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 <a href=\"/civ/1917.031\">1917.031</a>, shall be valid and enforceable against the borrower, except as may be precluded by Section <a href=\"/civ/2924.6\">2924.6</a>.</p><p>(b) The Legislature finds and declares that potential exposure to liability for enforcement of a “due-on-sale” clause consistent with Section <a href=\"/civ/711\">711</a>, 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).</p>","text":"(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) 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).","otherVersions":[],"url":"https://blackletter.si/civil-code/general-provisions-1917-062","source":"California Legislative Information bulk export (pubinfo)"}