CHAPTER 1. Liens in General

Chapter 1 enacted 1872.

§§ 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.