TITLE 14. LIEN [2872. - 3081.]

Title 14 enacted 1872.

§§ 2872–3081 · 316 sections

CHAPTER 1. Liens in General §§ 2872–2914 · 29 sections
1. ARTICLE 1. Definition of Liens §§ 2872–2877 · 6 sections
  - § 2872 A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.
  - § 2873 Liens are either general or special.
  - § 2874 A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of…
  - § 2875 A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as…
  - § 2876 Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part…
  - § 2877 Contracts of mortgage, pledge, bottomry, or respondentia are subject to all of the provisions of this chapter.
2. ARTICLE 2. Creation of Liens §§ 2881–2885 · 5 sections
  - § 2881 A lien is created: 1. By contract of the parties; or, 2. By operation of law.
  - § 2882 No lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.
  - § 2883 (a) An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In that case the…
  - § 2884 A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.
  - § 2885 Any state agency, upon recording a state tax lien against real property, shall mail written notice of the recordation to the tax debtor, unless previous…
3. ARTICLE 3. Effect of Liens §§ 2888–2892 · 5 sections
  - § 2888 Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.
  - § 2889 All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right…
  - § 2890 The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security.
  - § 2891 The existence of a lien upon property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of…
  - § 2892 One who holds property by virtue of a lien thereon, is not entitled to compensation from the owner thereof for any trouble or expense which he incurs…
4. ARTICLE 4. Priority of Liens §§ 2897–2899 · 3 sections
  - § 2897 Other things being equal, different liens upon the same property have priority according to the time of their creation, except in cases of bottomry and…
  - § 2898 (a) A mortgage or deed of trust given for the price of real property, at the time of its conveyance, has priority over all other liens created against the…
  - § 2899 Where one has a lien upon several things, and other persons have subordinate liens upon, or interests in, some but not all of the same things, the person…
5. ARTICLE 5. Redemption From Lien §§ 2903–2906 · 4 sections
  - § 2903 Every person, having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his…
  - § 2904 One who has a lien inferior to another, upon the same property, has a right: 1. To redeem the property in the same manner as its owner might, from the superior…
  - § 2905 Redemption from a lien is made by performing, or offering to perform, the act for the performance of which it is a security, and paying, or offering to pay,…
  - § 2906 An option granted to a secured party by a debtor to acquire an interest in real property collateral takes priority as of its recording and is effective…
6. ARTICLE 6. Extinction of Liens §§ 2909–2914 · 6 sections
  - § 2909 A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is…
  - § 2910 The sale of any property on which there is a lien, in satisfaction of the claim secured thereby, or in case of personal property, its wrongful conversion by…
  - § 2911 A lien is extinguished by the lapse of time within which, under the provisions of the Code of Civil Procedure, either: 1. An action can be brought upon the…
  - § 2912 The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.
  - § 2913 The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless…
  - § 2914 None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.
CHAPTER 2. Mortgage §§ 2920–2968 · 147 sections
1. ARTICLE 1. Mortgages in General §§ 2920–2944.10 · 91 sections
  - § 2920 (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without…
  - § 2920.5 For purposes of this article, the following definitions apply: (a) “Mortgage servicer” means a person or entity who directly services a loan, or who is…
  - § 2921 A mortgage may be created upon property held adversely to the mortgagor.
  - § 2922 A mortgage can be created, renewed, or extended, only by writing, executed with the formalities required in the case of a grant of real property.
  - § 2923 The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.
  - § 2923.1 (a) A mortgage broker providing mortgage brokerage services to a borrower is the fiduciary of the borrower, and any violation of the broker’s fiduciary duties…
  - § 2923.3 (a) With respect to residential real property containing no more than four dwelling units, a mortgagee, trustee, beneficiary, or authorized agent shall provide…
  - § 2923.4 The purpose of the act that added this section is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and have a…
  - § 2923.5 (a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default pursuant to Section 2924 until both of…
  - § 2923.55 (a) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default pursuant to Section 2924 until all of the…
  - § 2923.6 (a) The Legislature finds and declares that any duty mortgage servicers may have to maximize net present value under their pooling and servicing agreements is…
  - § 2923.7 (a) When a borrower requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the…
  - § 2924 (a) Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage,…
  - § 2924.1 (a) Notwithstanding any other law, the transfer, following the sale, of property in a common interest development, as defined by Section 1351, executed under…
  - § 2924.3 (a) Except as provided in subdivisions (b) and (c), a person who has undertaken as an agent of a mortgagee, beneficiary, or owner of a promissory note secured…
  - § 2924.5 No clause in any deed of trust or mortgage on property containing four or fewer residential units or on which four or fewer residential units are to be…
  - § 2924.6 (a) An obligee may not accelerate the maturity date of the principal and accrued interest on any loan secured by a mortgage or deed of trust on residential…
  - § 2924.7 (a) The provisions of any deed of trust or mortgage on real property which authorize any beneficiary, trustee, mortgagee, or his or her agent or successor in…
  - § 2924.8 (a) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following notice, in the manner required for…
  - § 2924.9 (a) Unless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in…
  - § 2924.10 (a) When a borrower submits a complete first lien modification application or any document in connection with a first lien modification application, the…
  - § 2924.11 (a) If a foreclosure prevention alternative is approved in writing prior to the recordation of a notice of default, a mortgage servicer, mortgagee, trustee,…
  - § 2924.12 (a) (1) If a trustee’s deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of Section…
  - § 2924.13 (a) As used in this section: (1) “Borrower” has the same meaning as defined in Section 2929.5. (2) “Mortgage servicer” includes the current mortgage servicer…
  - § 2924.15 (a) Unless otherwise provided, paragraph (5) of subdivision (a) of Section 2924 and Sections 2923.5, 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, and…
  - § 2924.17 (a) A declaration recorded pursuant to Section 2923.5 or pursuant to Section 2923.55, a notice of default, notice of sale, assignment of a deed of trust, or…
  - § 2924.18 (a) (1) If a borrower submits a complete application for a first lien loan modification offered by, or through, the borrower’s mortgage servicer at least five…
  - § 2924.19 (a) (1) If a trustee’s deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of Section…
  - § 2924.20 Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Financial Protection and…
  - § 2924.21 A person shall not contact, solicit, or initiate communication with an owner to claim the surplus funds from a foreclosure sale of the owner’s residence before…
  - § 2924.26 (a) Unless acting in the capacity of a trustee, a licensed title company or underwritten title company shall not be liable for a violation of Section 2923.5 or…
  - § 2924a If, by the terms of any trust or deed of trust a power of sale is conferred upon the trustee, the attorney for the trustee, or any duly authorized agent, may…
  - § 2924b (a) Any person desiring a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with power of sale upon real property or…
  - § 2924c (a) (1) Whenever all or a portion of the principal sum of any obligation secured by deed of trust or mortgage on real property or an estate for years therein…
  - § 2924d (a) (1) Commencing with the date that the notice of sale is deposited in the mail, as provided in Section 2924b, and until the property is sold pursuant to the…
  - § 2924e (a) The beneficiary or mortgagee of any deed of trust or mortgage on real property either containing one to four residential units or given to secure an…
  - § 2924f (a) As used in this section and Sections 2924g and 2924h, “property” means real property or a leasehold estate therein, and “calendar week” means Monday…
  - § 2924g (a) (1) All sales of property under the power of sale contained in any deed of trust or mortgage shall be held in the county where the property or some part…
  - § 2924h (a) Each and every bid made by a bidder at a trustee’s sale under a power of sale contained in a deed of trust or mortgage shall be deemed to be an irrevocable…
  - § 2924i (a) This section applies to loans secured by a deed of trust or mortgage on real property containing one to four residential units at least one of which at the…
  - § 2924j (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustee’s deed resulting from a sale in which there are proceeds…
  - § 2924k (a) The trustee, or the clerk of the court upon order to the clerk pursuant to subdivision (d) of Section 2924j, shall distribute the proceeds, or a portion of…
  - § 2924l (a) In the event that a trustee under a deed of trust is named in an action or proceeding in which that deed of trust is the subject, and in the event that the…
  - § 2924m (a) For purposes of this section: (1) “Prospective owner-occupant” means a natural person who presents to the trustee an affidavit or declaration, pursuant to…
  - § 2924n Nothing in this article shall relieve a person deemed the legal owner of real property when the trustee’s deed is recorded from complying with applicable law…
  - § 2924o (a) On and after January 1, 2023, in the case of any real property purchased pursuant to Section 2924m by an eligible bidder described in subparagraphs (C) to…
  - § 2924p (a) For purposes of this section, it is the intent of the Legislature to do all of the following: (1) Allow for prospective owner-occupants and eligible…
  - § 2925 The fact that a transfer was made subject to defeasance on a condition, may, for the purpose of showing such transfer to be a mortgage, be proved (except as…
  - § 2926 A mortgage is a lien upon everything that would pass by a grant of the property.
  - § 2927 A mortgage does not entitle the mortgagee to the possession of the property, unless authorized by the express terms of the mortgage; but after the execution of…
  - § 2928 A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security, unless there is an express covenant therein…
  - § 2929 No person whose interest is subject to the lien of a mortgage may do any act which will substantially impair the mortgagee’s security.
  - § 2929.3 (a) (1) A legal owner shall maintain vacant residential property purchased by that owner at a foreclosure sale once that sale is deemed final, or acquired by…
  - § 2929.4 (a) Prior to imposing a fine or penalty for failure to maintain a vacant property that is subject to a notice of default, that is purchased at a foreclosure…
  - § 2929.45 (a) An assessment or lien to recover the costs of nuisance abatement measures taken by a governmental entity with regard to property that is subject to a…
  - § 2929.5 (a) A secured lender may enter and inspect the real property security for the purpose of determining the existence, location, nature, and magnitude of any past…
  - § [2930.] Section Twenty-nine Hundred and Thirty. Title acquired by the mortgagor subsequent to the execution of the mortgage, inures to the mortgagee as security for…
  - § 2931 A mortgagee may foreclose the right of redemption of the mortgagor in the manner prescribed by the Code of Civil Procedure.
  - § 2931a In any action brought to determine conflicting claims to real property, or for partition of real property or an estate for years therein, or to foreclose a…
  - § 2931b In all actions in which the State of California is named a party pursuant to the provisions of Section 2931a and in which real property or an estate for years…
  - § 2931c The Attorney General may bring an action in the courts of this or any other state or of the United States to enforce any lien to secure the payment of taxes or…
  - § 2932 A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the obligation for which the mortgage…
  - § 2932.2 With respect to residential real property containing no more than four dwelling units, a mortgagee, beneficiary, or authorized agent shall provide to the…
  - § 2932.5 Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment of money, the power is part…
  - § 2932.6 (a) Notwithstanding any other provision of law, a financial institution may undertake to repair any property acquired through foreclosure under a mortgage or…
  - § 2933 A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, or proved, certified, and recorded in like manner as powers of attorney…
  - § 2934 Any assignment of a mortgage and any assignment of the beneficial interest under a deed of trust may be recorded, and from the time the same is filed for…
  - § 2934a (a) (1) The trustee under a trust deed upon real property or an estate for years given to secure an obligation to pay money and conferring no other duties upon…
  - § 2934b Sections 15643 and 18102 of the Probate Code apply to trustees under deeds of trust given to secure obligations.
  - § 2935 When a mortgage or deed of trust is executed as security for money due or to become due, on a promissory note, bond, or other instrument, designated in the…
  - § 2936 The assignment of a debt secured by mortgage carries with it the security.
  - § 2937 (a) The Legislature hereby finds and declares that borrowers or subsequent obligors have the right to know when a person holding a promissory note, bond, or…
  - § 2937.7 In any action affecting the interest of any trustor or beneficiary under a deed of trust or mortgage, service of process to the trustee does not constitute…
  - § 2938 (a) A written assignment of an interest in leases, rents, issues, or profits of real property made in connection with an obligation secured by real property,…
  - § 2939 A recorded mortgage must be discharged by a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified…
  - § 2939.5 Foreign executors, administrators and guardians may satisfy mortgages upon the records of any county in this state, upon producing and recording in the office…
  - § 2940 A certificate of the discharge of a mortgage, and the proof or acknowledgment thereof, must be recorded in the office of the county recorder in which the…
  - § 2941 (a) Within 30 days after any mortgage has been satisfied, the mortgagee or the assignee of the mortgagee shall execute a certificate of the discharge thereof,…
  - § 2941.1 Notwithstanding any other provision of law, if no payoff demand statement is issued pursuant to Section 2943, nothing in Section 2941 shall be construed to…
  - § 2941.5 Every person who willfully violates Section 2941 is guilty of a misdemeanor punishable by fine of not less than fifty dollars ($50) nor more than four hundred…
  - § 2941.7 Whenever the obligation secured by a mortgage or deed of trust has been fully satisfied and the present mortgagee or beneficiary of record cannot be located…
  - § 2941.9 (a) The purpose of this section is to establish a process through which all of the beneficiaries under a trust deed may agree to be governed by beneficiaries…
  - § 2942 Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by any of the provisions of this Chapter.
  - § 2943 (a) As used in this section: (1) “Beneficiary” means a mortgagee or beneficiary of a mortgage or deed of trust, or his or her assignees. (2) “Beneficiary…
  - § 2943.1 (a) For purposes of this section, the following definitions apply: (1) “Beneficiary” has the same meaning as defined in Section 2943. (2) “Borrower’s…
  - § 2944 None of the provisions of this chapter applies to any transaction or security interest governed by the Commercial Code, except to the extent made applicable by…
  - § 2944.5 No lender, mortgagee, or any third party having an interest in real or personal property shall refuse to accept a policy issued by an admitted insurer solely…
  - § 2944.6 (a) Notwithstanding any other provision of law, any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform…
  - § 2944.7 (a) Notwithstanding any other law, it shall be unlawful for any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise…
  - § 2944.8 (a) In addition to any liability for a civil penalty pursuant to Section 2944.7, if a person violates Section 2944.7 with respect to a victim who is a senior…
  - § 2944.10 Any action to enforce any cause of action pursuant to Section 2944.7 or 2944.8 shall be commenced within four years after the cause of action accrued. No cause…
2. ARTICLE 1.5. Mortgage Foreclosure Consultants §§ 2945–2945.11 · 13 sections
  - § 2945 (a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by…
  - § 2945.1 The following definitions apply to this chapter: (a) “Foreclosure consultant” means any person who makes any solicitation, representation, or offer to any…
  - § 2945.2 (a) In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the fifth business day,…
  - § 2945.3 (a) Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of…
  - § 2945.4 It shall be a violation for a foreclosure consultant to: (a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant…
  - § 2945.45 (a) Except as provided in subdivision (b) of Section 2945.1, a person shall not take any action specified in subdivision (a) of Section 2945.1 unless the…
  - § 2945.5 Any waiver by an owner of the provisions of this article shall be deemed void and unenforceable as contrary to public policy. Any attempt by a foreclosure…
  - § 2945.6 (a) An owner may bring an action against a foreclosure consultant for any violation of this chapter. Judgment shall be entered for actual damages, reasonable…
  - § 2945.7 Any person who commits any violation described in Section 2945.4 shall be punished by a fine of not more than ten thousand dollars ($10,000), by imprisonment…
  - § 2945.8 If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the article and the…
  - § 2945.9 (a) A foreclosure consultant is liable for all damages resulting from any statement made or act committed by the foreclosure consultant’s representative in any…
  - § 2945.10 (a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.9 shall be void and shall at…
  - § 2945.11 (a) Any representative, as defined in subdivision (b) of Section 2945.9, deemed to be the agent or employee or both the agent and the employee of the…
3. ARTICLE 2. Mortgage of Real Property §§ 2947–2955.5 · 30 sections
  - § 2947 Any interest in real property which is capable of being transferred may be mortgaged.
  - § 2948 A mortgage of real property may be made in substantially the following form: This mortgage, made the ____ day of ________, in the year ____, by AB, of _____,…
  - § 2948.5 (a) A borrower shall not be required to pay interest on a principal obligation under a promissory note secured by a mortgage or deed of trust on real property…
  - § 2949 (a) No mortgage or deed of trust on real property containing only a single-family, owner-occupied dwelling may be declared in default, nor may the maturity…
  - § 2950 When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is…
  - § 2951 (a) A conventional home mortgage loan originated on or after January 1, 2027, and secured by owner-occupied residential real property containing four or fewer…
  - § 2952 Mortgages and deeds of trust of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect, as grants thereof;…
  - § 2953 Any express agreement made or entered into by a borrower at the time of or in connection with the making of or renewing of any loan secured by a deed of trust,…
  - § 2953.1 As used in this section: (a) “Real property security instrument” shall include any mortgage or trust deed or land contract in or on real property. (b)…
  - § 2953.2 Every real property security instrument which contains or has attached a subordination clause shall contain: (a) At the top of the real property security…
  - § 2953.3 Every subordination agreement shall contain: (a) At the top of the subordination agreement there shall appear in at least 10-point bold type, or, if…
  - § 2953.4 (a) Any subordination clause and any subordination agreement which is executed after the effective date of this act and which does not substantially comply…
  - § 2953.5 (a) Sections 2953.1 through 2953.4 shall not apply to any subordination clause or subordination agreement which expressly states that the subordinating loan…
  - § 2954 (a) (1) No impound, trust, or other type of account for payment of taxes on the property, insurance premiums, or other purposes relating to the property shall…
  - § 2954.1 No lender or person who purchases obligations secured by real property, or any agent of such lender or person, who maintains an impound, trust, or other type…
  - § 2954.2 (a) Every mortgagee of record of real property containing only a one- to four-family residence, when the mortgage is given to secure payment of the balance of…
  - § 2954.4 (a) A charge that may be imposed for late payment of an installment due on a loan secured by a mortgage or a deed of trust on real property containing only a…
  - § 2954.5 (a) Before the first default, delinquency, or late payment charge may be assessed by any lender on a delinquent payment of a loan, other than a loan made…
  - § 2954.6 (a) If private mortgage insurance or mortgage guaranty insurance, as defined in subdivision (a) of Section 12640.02 of the Insurance Code, is required as a…
  - § 2954.65 Within 30 days after notice of cancellation from the insured, a private mortgage insurer or mortgage guaranty insurer shall, if the policy is cancellable,…
  - § 2954.7 Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence of indebtedness…
  - § 2954.8 (a) Every financial institution that makes loans upon the security of real property containing only a one- to four-family residence and located in this state…
  - § 2954.85 (a) A financial institution that makes loans upon the security of real property containing only a one- to four-family residence and located in this state or…
  - § 2954.9 (a) (1) Except as otherwise provided by statute, where the original principal obligation is a loan for residential property of four units or less, the borrower…
  - § 2954.10 An obligee which accelerates the maturity date of the principal and accrued interest, pursuant to contract, on any loan secured by a mortgage or deed of trust…
  - § 2954.11 (a) As used in this section: (1) “Open-end credit plan” has the meaning set forth in Regulation Z of the Federal Reserve System (12 C.F.R. 226.2(a)(20)). (2)…
  - § 2954.12 (a) Notwithstanding Section 2954.7, and except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to…
  - § 2955 (a) Money held by a mortgagee or a beneficiary of a deed of trust on real property in this state, or held by a vendor on a contract of sale of real property in…
  - § 2955.1 (a) Any lender originating a loan secured by the borrower’s separate interest in a condominium project, as defined in Section 4125 or 6542, which requires…
  - § 2955.5 (a) No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage…
4. ARTICLE 3. Disclosures on Purchase Money Liens on Residential Property §§ 2956–2967 · 12 sections
  - § 2956 In a transaction for the purchase of a dwelling for not more than four families in which there is an arranger of credit, which purchase includes an extension…
  - § 2957 The following definitions shall apply for the purposes of this article: (a) “Arranger of credit” means: (1) A person, other than a party to the credit…
  - § 2958 A disclosure is not required under this article, to a purchaser when that purchaser is entitled to receive, a disclosure pursuant to the Federal…
  - § 2959 The disclosures required by this article shall be made as soon as practicable, but before execution of any note or security documents. If any disclosure is…
  - § 2960 If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement between the…
  - § 2961 Every disclosure required by this article and every act which is to be performed in making that disclosure shall be made in good faith. For the purposes of…
  - § 2962 Any disclosure made pursuant to this article may be amended in writing by the person making the disclosure, provided that any amendment shall be subject to the…
  - § 2963 The disclosures required to both purchaser and vendor by this article are: (a) An identification of the note or other credit documents or security documents…
  - § 2964 The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or…
  - § 2965 The validity of any credit document or of any security document subject to the provisions of this article shall not be invalidated solely because of the…
  - § 2966 (a) In a transaction regulated by this article, which includes a balloon payment note when the term for repayment is for a period in excess of one year, the…
  - § 2967 Any action arising under this article may be brought within two years from the date on which the liability arises, except that where any material disclosure…
5. ARTICLE 4. State of Emergency § 2968 · 1 section
  - § 2968 (a) For purposes of this article, the following definitions apply: (1) “Mortgage servicer” has the same meaning as defined in subdivision (a) of Section…
CHAPTER 2a. Home Equity Loan Disclosure Act §§ 2970–2971 · 2 sections
- § 2970 For purposes of this chapter “home equity loan” means any open end consumer credit plan in which a consensual security interest is created or retained against…
- § 2971 (a) At the time that a customer makes an initial application to a creditor for a home equity loan in person, or within three business days if the customer…
CHAPTER 2b. Automobile Sales Finance Act §§ 2981–2984.6 · 34 sections
- § 2981 As used in this chapter, unless the context otherwise requires: (a) “Conditional sale contract” means: (1) A contract for the sale of a motor vehicle between a…
- § 2981.5 A contract for the bailment or leasing of a motor vehicle, with or without accessories, which establishes the maximum for which a bailee or lessee could be…
- § 2981.7 All contracts entered into between a buyer and a seller on or after January 1, 1983, shall provide for the calculation of the finance charge contemplated by…
- § 2981.8 No contract shall provide for a finance charge which is determined in part by the precomputed basis and in part by the simple-interest basis except for any…
- § 2981.9 Every conditional sale contract subject to this chapter shall be in writing and, if printed, shall be printed in type no smaller than 6-point, and shall…
- § 2982 A conditional sale contract subject to this chapter shall contain the disclosures required by Regulation Z, whether or not Regulation Z applies to the…
- § 2982.1 It shall be unlawful for any seller to induce or attempt to induce any person to enter into a contract subject to this chapter by offering a rebate, discount,…
- § 2982.2 (a) Prior to the execution of a conditional sale contract, the seller shall provide to a buyer, and obtain the buyer’s signature on, a written disclosure that…
- § 2982.3 (a) The holder of a conditional sale contract may, upon agreement with the buyer, extend the scheduled due date or defer the scheduled payment of all or of any…
- § 2982.5 (a) This chapter may not be deemed to affect a loan, or the security therefor, between a purchaser of a motor vehicle and a supervised financial organization,…
- § 2982.7 (a) Any payment made by a buyer to a seller pending execution of a conditional sale contract shall be refunded to the buyer in the event the conditional sale…
- § 2982.8 (a) If a buyer is obligated under the terms of the conditional sale contract to maintain insurance on the vehicle and subsequent to the execution of the…
- § 2982.9 In the event a buyer obligates himself to purchase, or receive possession of, a motor vehicle pursuant to a contract or purchase order, and the seller knows…
- § 2982.10 (a) In consideration of the assignment of a conditional sale contract, the seller shall not receive or accept from the assignee any payment or credit based…
- § 2982.11 (a) Prior to the execution of a conditional sale contract that includes a charge for an electric vehicle charging station, the seller shall provide the buyer…
- § 2982.12 (a) (1) A guaranteed asset protection waiver may be offered, sold, or provided to a buyer, or administered, in connection with a conditional sale contract…
- § 2983 (a) Except as provided in subdivision (b), if the seller, except as the result of an accidental or bona fide error in computation, violates any provision of…
- § 2983.1 (a) If the seller or holder of a conditional sale contract, except as the result of an accidental or bona fide error of computation, violates any provision of…
- § 2983.2 (a) Except where the motor vehicle has been seized as described in paragraph (6) of subdivision (b) of Section 2983.3, any provision in any conditional sale…
- § 2983.3 (a) (1) In the absence of default in the performance of any of the buyer’s obligations under the contract, the seller or holder may not accelerate the maturity…
- § 2983.35 (a) If a creditor has requested a cosigner as a condition of granting credit to any person for the purpose of acquisition of a motor vehicle, the creditor or…
- § 2983.37 (a) After a sale of a vehicle under this chapter, a buy-here-pay-here dealer, as defined in Section 241 of the Vehicle Code, shall not do any of the following:…
- § 2983.4 Reasonable attorney’s fees and costs shall be awarded to the prevailing party in any action on a contract or purchase order subject to the provisions of this…
- § 2983.5 (a) An assignee of the seller’s right is subject to all equities and defenses of the buyer against the seller, notwithstanding an agreement to the contrary,…
- § 2983.6 Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
- § 2983.7 No conditional sale contract shall contain any provision by which: (a) The buyer agrees not to assert against the seller a claim or defense arising out of the…
- § 2983.8 Notwithstanding Section 2983.2 or any other provision of law, no deficiency judgment shall lie in any event in any of the following instances: (a) After any…
- § 2984 Any failure to comply with any provision of this chapter (commencing with Section 2981) may be corrected by the holder, provided, however, that a willful…
- § 2984.1 Every conditional sale contract shall contain a statement in contrasting red print in at least 8-point bold type which shall satisfy the requirements of…
- § 2984.2 (a) No conditional sale contract, and no agreement between a seller and a buyer made in connection with a conditional sale contract, may provide for the…
- § 2984.3 Any acknowledgment by the buyer of delivery of a copy of a conditional sale contract or purchase order and any vehicle purchase proposal and any credit…
- § 2984.4 (a) An action on a contract or purchase order under this chapter shall be tried in the superior court in the county where the contract or purchase order was in…
- § 2984.5 (a) A seller shall maintain the following documents for at least seven years or the length of the conditional sales contract, whichever is longer: (1) A copy…
- § 2984.6 A holder of a conditional sales contract, purchase order, or security interest, or the agent of a holder, who has received a notice pursuant to Section 7507.6…
CHAPTER 2c. Real Property Sales Contracts §§ 2985–2985.6 · 8 sections
- § 2985 (a) A real property sales contract is an agreement in which one party agrees to convey title to real property to another party upon the satisfaction of…
- § 2985.1 A real property sales contract may not be transferred by the fee owner of the real property unless accompanied by a transfer of the real property which is the…
- § 2985.2 Any person, or the assignee of such person, who sells a parcel of land under a sales contract which is not recorded and who thereafter causes an encumbrance or…
- § 2985.3 Every seller of improved or unimproved real property under a real property sales contract, or his assignee, who knowingly receives an installment payment from…
- § 2985.4 Every seller of improved or unimproved real property under a real property sales contract who receives pro rata payments for insurance and taxes shall hold…
- § 2985.5 Every real property sales contract entered into after January 1, 1966, shall contain a statement of: (a) The number of years required to complete payment in…
- § 2985.51 (a) Every real property sales contract entered into on and after January 1, 1978, where the real property that is the subject of such contract resulted from a…
- § 2985.6 (a) A buyer shall be entitled to prepay all or any part of the balance due on any real property sales contract with respect to the sale of land which has been…
CHAPTER 2d. Vehicle Leasing Act §§ 2985.7–2993 · 26 sections
- § 2985.7 (a) “Motor vehicle” means any vehicle required to be registered under the Vehicle Code. Motor vehicle does not include any trailer which is sold in conjunction…
- § 2985.71 (a) Any solicitation to enter into a lease contract that includes any of the following items shall contain the disclosures described in subdivision (b): (1)…
- § 2985.8 (a) A lease contract shall be in writing, and the print portion of the contract shall be printed in at least 8-point type and shall contain in a single…
- § 2985.9 The following documents and agreements are not required to be contained in a lease contract: (a) An “express warranty,” as that term is defined in paragraph…
- § 2986.3 No lease contract shall contain any provision by which: (a) A power of attorney is given to confess judgment in this state, or an assignment of wages is given;…
- § 2986.4 Any acknowledgment by the lessee of delivery of a copy of a lease contract or purchase order and any vehicle lease proposal and any credit statement which the…
- § 2986.5 (a) No person shall lease a used motor vehicle for operation on California highways if such vehicle does not meet all of the equipment requirements of Division…
- § 2986.6 No agreement in connection with a lease contract which provides for the inclusion of title to or a lien upon any personal or real property, other than the…
- § 2986.10 (a) An assignee of the lessor’s rights is subject to all equities and defenses of the lessee against the lessor, notwithstanding an agreement to the contrary,…
- § 2986.12 It shall be unlawful for any lessor to induce or attempt to induce any person to enter into a contract subject to this chapter by offering a rebate, discount,…
- § 2986.13 (a) Any payment made by a lessee to a lessor pending the execution of a lease contract shall be refunded to the lessee in the event the lease contract is not…
- § 2987 (a) A lessee has the right to terminate a lease contract at any time prior to the scheduled expiration date specified in the lease contract. Except as provided…
- § 2988 (a) The Legislature finds that it is necessary to provide some protection for consumers who enter into lease contracts in which the lessee will bear the risk…
- § 2988.5 (a) Except as otherwise provided by this section, any lessor who fails to comply with any requirement imposed under Section 2985.8 or 2988 for which no…
- § 2988.7 If the lessor fails to comply with Section 2985.8, as an alternative to an action under Section 2988.5, the lessee may rescind the contract if the failure to…
- § 2988.9 Reasonable attorney’s fees and costs shall be awarded to the prevailing party in any action on a lease contract subject to the provisions of this chapter…
- § 2989 No civil action shall be filed against a lessor under the authority of this chapter if a federal civil action has previously been filed based on facts that…
- § 2989.2 Where the lessee is to bear the risk of the motor vehicle’s depreciation upon the scheduled expiration of the lease contract, the following applies: (a) When…
- § 2989.4 (a) A lessor shall not: (1) Fail to register the leased vehicle pursuant to the lease contract. (2) Advertise any specific vehicle in the inventory of the…
- § 2989.5 (a) Except as provided in subdivision (c), a lessor shall make available to investigators of the Department of Motor Vehicles, upon presentation of an…
- § 2989.6 The Director of Motor Vehicles may adopt and enforce rules and regulations as may be necessary to carry out or implement the provisions of this chapter. Rules…
- § 2989.8 Any person who shall knowingly and willfully violate any provision of this chapter shall be guilty of a misdemeanor.
- § 2990 This chapter shall not apply to any transaction which is regulated by Chapter 2b (commencing with Section 2981) of this title.
- § 2991 Any prospective assignee that provides a lessor under a lease contract with any preprinted form for use as a lease contract shall, upon the request of a…
- § 2992 A prospective assignee that provides a lessor under a lease contract with a preprinted form for use as a lease contract shall design the form in such a manner…
- § 2993 A holder of a lease contract, or the agent of a holder, who has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not…
CHAPTER 2e. Controlled Escrows § 2995 · 1 section
- § 2995 No real estate developer shall require as a condition precedent to the transfer of real property containing a single family residential dwelling that escrow…
CHAPTER 3.5. Health Care Liens § 3040 · 1 section
- § 3040 (a) No lien asserted by a licensee of the Department of Managed Care or the Department of Insurance, and no lien of a medical group or an independent practice…
CHAPTER 4. Hospital Liens §§ 3045.1–3045.6 · 6 sections
- § 3045.1 Every person, partnership, association, corporation, public entity, or other institution or body maintaining a hospital licensed under the laws of this state…
- § 3045.2 The lien shall apply whether the damages are recovered, or are to be recovered, by judgment, settlement, or compromise.
- § 3045.3 A lien shall not be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and…
- § 3045.4 Any person, firm, or corporation, including, but not limited to, an insurance carrier, making any payment to the injured person, or to his or her attorney,…
- § 3045.5 The person, partnership, association, corporation or other institution or body maintaining the hospital may, at any time within one year after the date of the…
- § 3045.6 The provisions of this chapter shall not apply to any claim or cause of action against a common carrier subject to the jurisdiction of the Public Utilities…
CHAPTER 6. Other Liens §§ 3046–3066 · 28 sections
- § 3046 One who sells real property has a vendor’s lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by…
- § 3047 Where a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the…
- § 3048 The liens defined in Sections 3046 and 3050 are valid against every one claiming under the debtor, except a purchaser or incumbrancer in good faith and for…
- § 3050 One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of…
- § 3051 Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for…
- § 3051a That portion of any lien, as provided for in the next preceding section, in excess of three hundred dollars ($300) for any work, services, or care, or in…
- § 3051.5 (a) A carrier has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for services and advances…
- § 3051.6 (a) Except as provided in subdivision (b), a carrier has a lien on freight in its possession for the total amount owed to the carrier by the owner or…
- § 3052 If the person entitled to the lien provided in Section 3051 is not paid the amount due, and for which such lien is given, within 10 days after the same shall…
- § 3052a Every person, firm, or corporation, engaged in performing work upon any watch, clock or jewelry, for a price, shall have a lien upon the watch, clock, or…
- § 3052b (a) The procedure in this section shall be an alternative to the lien-sale procedure provided in Section 3052, but applies only to liens under Section 3051 for…
- § 3052.5 (a) Sections 3052 and 3052b shall not apply to any service dealer registered with the Bureau of Repair Services pursuant to Chapter 20 (commencing with Section…
- § 3053 A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are intrusted to him by…
- § 3054 (a) A banker, or a savings and loan association, has a general lien, dependent on possession, upon all property in their hands belonging to a customer, for the…
- § 3059 The liens of mechanics, for materials and services upon real property, are regulated by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of…
- § 3060 (a) As used in this section, “mine” means a mining claim or real property worked on as a mine including, but not limited to, any quarry or pit, from which…
- § 3061 Every person performing work or labor in, with, about, or upon any barley crusher, threshing machine or engine, horsepower, wagon, or other appliance thereof,…
- § 3061.5 (a) Except as provided in subdivision (d), any person who as an employee shall, by their own labor, do or perform any work harvesting or transporting harvested…
- § 3061.6 (a) The lien created by Section 3061.5 shall continue in force for a period of 45 days from the time the person claiming such lien shall have ceased to do or…
- § 3062 Every owner or person having in charge any stallion, jack, or bull, used for propagating purposes, has a lien for the agreed price of its service upon any mare…
- § 3063 Every claimant of a lien provided for in the preceding section must, within 90 days after the service on account of which the lien is claimed, record in the…
- § 3064 An action to enforce any lien created under Section 3062 may be brought in any county wherein any of the property subject thereto may be found, and the…
- § 3064.1 Every person who wilfully advertises any cattle, horse, sheep, swine, or other domestic animal for purposes of copulation or profit as having a pedigree other…
- § 3065 Any person who shall, by his own labor, or by using his livestock, machinery or appliances, or both, do or perform any work or render any service in connection…
- § 3065a The lien created by the last preceding section shall continue in force for a period of 30 days from the time the person claiming such lien shall have ceased to…
- § 3065b As used in the next preceding section the words “the time the person claiming such lien shall have ceased to do or perform the work or render the service for…
- § 3065c Whenever any faller, bucker, or millhand has a lien pursuant to Section 3065 and has not been paid for his labor by the contractor employing him, and money is…
- § 3066 (a) Any garment, clothing, wearing apparel or household goods remaining in the possession of a person, firm, partnership or corporation, on which cleaning,…
CHAPTER 6.5. Liens on Vehicles §§ 3067–3074 · 13 sections
- § 3067 Words used in this chapter which are defined in Division 1 of the Vehicle Code shall have the same meaning as in the Vehicle Code.
- § 3067.1 All forms required pursuant to the provisions of this chapter shall be prescribed by the Department of Motor Vehicles. The language used in the notices and…
- § 3067.2 This chapter shall not apply to any manufactured home, as defined in Section 18007 of the Health and Safety Code, to any mobilehome, as defined in Section…
- § 3068 (a) Every person has a lien dependent upon possession for the compensation to which the person is legally entitled for making repairs or performing labor upon,…
- § 3068.1 (a) (1) Every person has a lien dependent upon possession for the compensation to which the person is legally entitled for towing, storage, or labor associated…
- § 3068.2 (a) A tow truck operator who has a lien on a vehicle pursuant to Section 3068.1 has a deficiency claim against the registered owner of the vehicle if the…
- § 3069 Any lien provided for in this chapter for labor or materials, or for storage or safekeeping of a vehicle when abandoned on private property may be assigned by…
- § 3070 (a) Whenever the possessory lien upon any vehicle is lost through trick, fraud, or device, the repossession of the vehicle by the lienholder revives the…
- § 3071 (a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to this section for any vehicle with a…
- § 3071.5 (a) A registered or legal owner of a vehicle in the possession of a person holding a lien under this chapter may release any interest in the vehicle after the…
- § 3072 (a) For vehicles with a value determined to be four thousand dollars ($4,000) or less, the lienholder shall apply to the department for the names and addresses…
- § 3073 The proceeds of a vehicle lien sale under this article shall be disposed of as follows: (a) The amount necessary to discharge the lien and the cost of…
- § 3074 The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70) in the case of a vehicle having a value determined to be four…
CHAPTER 6.7. Livestock Service Lien §§ 3080–3080.22 · 20 sections
- § 3080 As used in this chapter, the following definitions shall apply: (a) “Livestock” means any cattle, sheep, swine, goat, or horse, mule, or other equine. (b)…
- § 3080.01 A livestock servicer shall have a general lien upon the livestock in its possession to secure the performance of all obligations of the owner of the livestock…
- § 3080.02 In addition to any other rights and remedies provided by law, a lienholder may: (a) Retain possession of the livestock and charge the owner for the reasonable…
- § 3080.03 Upon the filing of the complaint, or at any time thereafter prior to judgment, the lienholder may apply to the court in which the action was commenced for an…
- § 3080.04 The notice of application and hearing shall inform the defendant of all of the following: (a) The date, time and place of the hearing on the application; (b)…
- § 3080.05 (a) If a defendant desires to oppose the issuance of an order authorizing sale the defendant shall file and serve upon the lienholder a notice of opposition no…
- § 3080.06 (a) At the hearing, the court shall consider the showing made by the parties and shall issue an order authorizing the sale of the livestock if it finds all of…
- § 3080.07 (a) After hearing, the court may issue an order denying the lienholder’s application if it finds that: (1) A sale is not necessary prior to judgment; and (2)…
- § 3080.08 (a) The court’s findings at the hearing shall be made upon the basis of the pleadings and other papers in the record. Upon cause shown, the court may receive…
- § 3080.09 (a) At any time after the lienholder has filed a complaint and claimed a lien under this chapter, or at any time after the owner of the livestock has commenced…
- § 3080.10 After hearing, the court may enter an order directing the lienholder to release all or a portion of the livestock to the owner, or to the owner’s agent. The…
- § 3080.11 The undertaking to be substituted for livestock shall be by the owner to pay to the lienholder an amount equal to the sum of (1) the fair market value of the…
- § 3080.15 (a) Except as otherwise provided by statute, or upon noticed hearing as provided in this chapter, no order authorizing sale or order for substitution of…
- § 3080.16 (a) Except as otherwise specified by the order authorizing sale or as agreed to by the parties after the lien has arisen, a sale of livestock under this…
- § 3080.17 Except as otherwise agreed or specified by order of court, notice of sale shall be given as follows: (a) A notice in writing of the date, time and place of…
- § 3080.18 (a) Any sale of which notice is delivered or mailed and published as provided in this chapter and which is held as provided in this chapter is a public sale.…
- § 3080.19 (a) A sale of livestock held pursuant to this chapter shall: (1) Transfer to a purchaser for value all of the owner’s rights in the livestock; and (2)…
- § 3080.20 (a) The owner of livestock or any other person claiming an interest in livestock may release its interest in the livestock at any time after the lien has…
- § 3080.21 At any time after a lien has arisen, the lienholder may propose to retain any portion or all of the livestock in satisfaction of any portion or all of the…
- § 3080.22 Any lien provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the livestock, subject to the lien, and…
CHAPTER 7. Stoppage in Transit § 3081 · 1 section
- § 3081 Any corporation engaged in the business of renting to the public safe deposit boxes may dispose of the unclaimed contents of the safe deposit boxes in the…