California

Civil Code

4,109 sections, each with the official text and a plain-English explanation of what it means for you.

• § 2506 — (a) A shared mobility service provider shall affix to each shared mobility device a readily accessible, single, and clearly displayed tactile sign containing raised characters and accompanying braille
• § 2527 — (a) On or after January 1, 1984, no prescription drug claims processor, as defined in subdivision (b), shall enter into or perform any provision of any new contract, or perform any provision of any ex
• § 2528 — A violation of Section 2527 may result only in imposition of a civil remedy, which includes, but is not limited to, imposition of statutory damages of not less than one thousand dollars ($1,000) or mo
• § 2772 — Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of some other person.
• § 2774 — An agreement to indemnify a person against an act already done, is valid, even though the act was known to be wrongful, unless it was a felony.
• § 2775 — An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents.
• § 2776 — An agreement to indemnify several persons applies to each, unless a contrary intention appears.
• § 2777 — One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately, to every person injured by such act.
• § 2778 — In the interpretation of a contract of indemnity, the following rules are to be applied, unless a contrary intention appears: 1.
• § 2779 — Where one, at the request of another, engages to answer in damages, whether liquidated or unliquidated, for any violation of duty on the part of the latter, he is entitled to be reimbursed in the same
• § 2782 — (a) Except as provided in Sections 2782.
• § 2782.05 — (a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments thereto entered into on or
• § 2782.1 — Nothing contained in Section 2782 shall prevent a contractor responsible for the performance of a construction contract, as defined in Section 2783, from indemnifying fully a person, firm, corporation
• § 2782.2 — (a) Nothing contained in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer against liability for the negligence of the engineer, or the engineer’s agents or em
• § 2782.5 — Nothing contained in Section 2782 shall prevent a party to a construction contract and the owner or other party for whose account the construction contract is being performed from negotiating and expr
• § 2782.6 — (a) Nothing in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer or geologist or the agents, servants, independent contractors, subsidiaries, or employees of t
• § 2782.8 — (a) For all contracts, and amendments thereto, entered into on or after January 1, 2018, for design professional services, all provisions, clauses, covenants, and agreements contained in, collateral t
• § 2782.9 — (a) All contracts, provisions, clauses, amendments, or agreements contained therein entered into after January 1, 2009, for a residential construction project on which a wrap-up insurance policy, as d
• § 2782.95 — For any wrap-up insurance policy or other consolidated insurance program that insures a private residential (as that term is used in Title 7 (commencing with Section 895) of Part 2 of Division 2) work
• § 2782.96 — If an owner, builder, or general contractor obtains a wrap-up insurance policy or other consolidated insurance program for a public work as defined in Section 1720 of the Labor Code or any other proje
• § 2783 — As used in Sections 2782 and 2782.
• § 2784 — As used in Sections 2782 and 2782.
• § 2784.5 — Any provision, promise, agreement, clause, or covenant contained in, collateral to, or affecting any hauling, trucking, or cartage contract or agreement is against public policy, void and unenforceabl
• § 2787 — The distinction between sureties and guarantors is hereby abolished.
• § 2788 — A person may become surety even without the knowledge or consent of the principal.
• § 2792 — Where a suretyship obligation is entered into at the same time with the original obligation, or with the acceptance of the latter by the creditor, and forms with that obligation a part of the consider
• § 2793 — Except as prescribed by the next section, a suretyship obligation must be in writing, and signed by the surety; but the writing need not express a consideration.
• § 2794 — A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation of the promisor, and need not be in writing: (1) Where the promise is made by one who
• § 2795 — Unless notice of acceptance is expressly required, an offer to become a surety may be accepted by acting upon it, or by acceptance upon other consideration.
• § 2799 — In an assumption of liability as surety in connection with a contract, the terms of which are not then settled, it is implied that its terms shall be such as will not expose the surety to greater risk
• § 2800 — A guaranty to the effect that an obligation is good, or is collectible, imports that the debtor is solvent, and that the demand is collectible by the usual legal proceedings, if taken with reasonable
• § 2801 — A guaranty, such as is mentioned in the last section, is not discharged by an omission to take proceedings upon the principal debt, or upon any collateral security for its payment, if no part of the d
• § 2802 — In the cases mentioned in Section 2800, the removal of the principal from the State, leaving no property therein from which the obligation might be satisfied, is equivalent to the insolvency of the pr
• § 2806 — A suretyship obligation is to be deemed unconditional unless its terms import some condition precedent to the liability of the surety.
• § 2807 — A surety who has assumed liability for payment or performance is liable to the creditor immediately upon the default of the principal, and without demand or notice.
• § 2808 — Where one assumes liability as surety upon a conditional obligation, his liability is commensurate with that of the principal, and he is not entitled to notice of the default of the principal, unless
• § 2809 — The obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in its terms it exceeds it, it is reducible in proportion to the pr
• § 2810 — A surety is liable, notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void against the principal; but he is not liable if for any oth
• § 2811 — Any party required to give a bond undertaking or other obligation may agree with his surety for the deposit of any money and assets for which the surety is responsible with a bank, savings bank, safe
• § 2814 — A guaranty relating to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it after it has been satisfied, is called a co
• § 2815 — A continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration as to such transactions which he does not renounce.
• § 2819 — A surety is exonerated, except so far as he or she may be indemnified by the principal, if by any act of the creditor, without the consent of the surety the original obligation of the principal is alt
• § 2820 — That a promise by a creditor is for any cause void, or voidable by him at his option, shall not prevent it from altering the obligation or suspending or impairing the remedy within the meaning of the
• § 2821 — The rescission of an agreement altering the original obligation of a debtor, or impairing the remedy of a creditor, does not restore the liability of a surety who has been exonerated by such agreement
• § 2822 — (a) The acceptance, by a creditor, of anything in partial satisfaction of an obligation, reduces the obligation of a surety thereof, in the same measure as that of the principal, but does not otherwis
• § 2823 — Mere delay on the part of a creditor to proceed against the principal, or to enforce any other remedy, does not exonerate a surety.
• § 2824 — A surety, who has been indemnified by the principal, is liable to the creditor to the extent of the indemnity, notwithstanding that the creditor, without the assent of the surety, may have modified th
• § 2825 — A surety is not exonerated by the discharge of his principal by operation of law, without the intervention or omission of the creditor.
• § 2832 — One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a surety, except as against persons who have acted on the faith of his apparen
• § 2837 — In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts.
• § 2838 — Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.
• § 2845 — A surety may require the creditor, subject to Section 996.
• § 2846 — A surety may compel his principal to perform the obligation when due.
• § 2847 — If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he has disbursed, including necessary costs and
• § 2848 — A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the extent of reimbursing what he has expended, and
• § 2849 — A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety at the time of entering into the contract of suretyship, o
• § 2850 — Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation.
• § 2854 — A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation, and may, upon the maturity of the obligation,
• § 2855 — An arbitration award rendered against a principal alone shall not be, be deemed to be, or be utilized as, an award against his surety.
• § 2856 — (a) Any guarantor or other surety, including a guarantor of a note or other obligation secured by real property or an estate for years, may waive any or all of the following: (1) The guarantor or othe
• § 2860 — (a) If the provisions of a policy of insurance impose a duty to defend upon an insurer and a conflict of interest arises which creates a duty on the part of the insurer to provide independent counsel
• § 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 obligations, which exist in his favor ag
• § 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 may be incidental thereto.
• § 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 of the claim for which his own lien exist
• § 2877 — Contracts of mortgage, pledge, bottomry, or respondentia are subject to all of the provisions of this chapter.
• § 2881 — A lien is created: 1.
• § 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.
• § 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 correspondence mailed to the address of record
• § 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 of redemption from a lien, are void.
• § 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 any other obligation than that which the li
• § 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 respecting it, except to the same extent as a borr
• § 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 respondentia.
• § 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 purchaser, subject to the operation of the re
• § 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 having the prior lien, if he can do so without
• § 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 right of redemption is foreclosed, and, by su
• § 2904 — One who has a lien inferior to another, upon the same property, has a right: 1.
• § 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, the damages, if any, to which the holder of
• § 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 according to its terms if the right to exercise
• § 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 extinguishable in like manner with any other
• § 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 the person holding the lien, extinguishes t
• § 2911 — A lien is extinguished by the lapse of time within which, under the provisions of the Code of Civil Procedure, either: 1.
• § 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 otherwise agreed by the parties, and exti
• § 2914 — None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.
• § 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 the necessity of a change of possession.
• § 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 responsible for interacting with the borrower, m
• § 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 shall be a violation of the mortgage brok
• § 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 to the mortgagor or trustor a copy of th
• § 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 meaningful opportunity to obtain, available l
• § 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 the following: (A) Either 30 days after in
• § 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 following: (1) The mortgage servicer has sa
• § 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 owed to all parties in a loan pool, or to
• § 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 borrower one or more direct means of comm
• § 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, except when in the case of personal property
• § 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 the power of sale contained in any deed of
• § 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 mortgage servicer shall provide written acknowl
• § 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, beneficiary, or authorized agent shall not
• § 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 2923.
• § 2924.13 — (a) As used in this section: (1) “Borrower” has the same meaning as defined in Section 2929.
• § 2924.15 — (a) Unless otherwise provided, paragraph (5) of subdivision (a) of Section 2924 and Sections 2923.
• § 2924.17 — (a) A declaration recorded pursuant to Section 2923.
• § 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 business days before a scheduled foreclos
• § 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 2923.
• § 2924.20 — Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.
• § 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 90 days after the trustee’s deed has bee
• § 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.
• § 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 directly or collaterally by a mortgage or
• § 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 constructed or in any obligation secured by any
• § 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 real property solely by reason of any one or
• § 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 interest, to accelerate the maturity date
• § 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 posting the notice of sale on the property t
• § 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 Section 2923.
• § 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 conduct the sale and act in the sale as th
• § 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 an estate for years therein, as to which
• § 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 hereafter executed has, prior to the matur
• § 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 power of sale contained in the mortgage
• § 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 original obligation not to exceed three hundred
• § 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 through Saturday, inclusive.
• § 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 thereof is situated, and shall be made at a
• § 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 offer by that bidder to purchase the pro
• § 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 time the loan is made is or is to be occ
• § 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 remaining after payment of the amounts require
• § 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 the proceeds, as the case may be, of the
• § 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 trustee maintains a reasonable belief th
• § 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 Section 2015.
• § 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 regarding the eviction or displacement of
• § 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 (G), inclusive, of paragraph (3) of subdi
• § 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 bidders to have the first opportunity to purcha
• § 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 against a subsequent purchaser or incumbran
• § 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 the mortgage the mortgagor may agree to
• § 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 to that effect.
• § 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 that owner through foreclosure under a mor
• § 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 sale, or that is acquired through foreclosu
• § 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 notice of default, that is purchased at a fore
• § 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 or present release or threatened release
• § 2931 — A mortgagee may foreclose the right of redemption of the mortgagor in the manner prescribed by the C ode of C ivil P rocedure .
• § 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 deed of trust, mortgage, or other lien upon
• § 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 therein is sought to be sold, the Attorne
• § 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 other obligations to the State of Califo
• § 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 is a security.
• § 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 mortgagor or trustor, before the mortgagor or
• § 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 of the security and vests in any person
• § 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 deed of trust.
• § 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 for grants of real property.
• § 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 record operates as constructive notice of the
• § 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 the trustee than those which are inciden
• § 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 mortgage or deed of trust, the record of 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 other instrument transfers servicing of the
• § 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 service to the trustor or beneficiary and do
• § 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, irrespective of whether the assignment is
• § 2939 — A recorded mortgage must be discharged by a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as prescribed by the chapter on “recordin
• § 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 of the county recorder of the county in w
• § 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 mortgage is recorded.
• § 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, as provided in Section 2939, and shall re
• § 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 prohibit the charging of a reconveyance fee.
• § 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 dollars ($400), or by imprisonment in the
• § 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 after diligent search, or refuses to execut
• § 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 holding more than 50 percent of the record
• § 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.
• § 2943.1 — (a) For purposes of this section, the following definitions apply: (1) “Beneficiary” has the same meaning as defined in Section 2943.
• § 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 reason of an election made by the secure
• § 2944.10 — Any action to enforce any cause of action pursuant to Section 2944.
• § 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 because the policy is issued for a continu
• § 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 a mortgage loan modification or other fo
• § 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 offers to perform a mortgage loan modification
• § 2944.8 — (a) In addition to any liability for a civil penalty pursuant to Section 2944.
• § 2945 — (a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by foreclosure consultants from the time a No
• § 2945.1 — The following definitions apply to this chapter: (a) “Foreclosure consultant” means any person who makes any solicitation, representation, or offer to any owner to perform for compensation or who, for
• § 2945.10 — (a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.
• § 2945.11 — (a) Any representative, as defined in subdivision (b) of Section 2945.
• § 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, as defined in subdivision (e) of Section
• § 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 compensation.
• § 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 has fully performed each and every servi
• § 2945.45 — (a) Except as provided in subdivision (b) of Section 2945.
• § 2945.5 — Any waiver by an owner of the provisions of this article shall be deemed void and unenforceable as contrary to public policy.
• § 2945.6 — (a) An owner may bring an action against a foreclosure consultant for any violation of this chapter.
• § 2945.7 — Any person who commits any violation described in Section 2945.
• § 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 application of such provision to other pe
• § 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 manner connected with the foreclosure co
• § 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 A B, of _____, mortgagor, to C D, of ______, mortgagee,
• § 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 improved with between one to four residen