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Civil Code - CIV - CIV § 19

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 19

Every person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he or she might have learned that fact.

Civil Code - CIV - CIV § 1902

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1902

A loan for exchange is a contract by which one delivers personal property to another, and the latter agrees to return to the lender a similar thing at a future time, without reward for its use.

Civil Code - CIV - CIV § 1903

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1903

A loan, which the borrower is allowed by the lender to treat as a loan for use, or for exchange, at his option, is subject to all the provisions of this Chapter.

Civil Code - CIV - CIV § 1904

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1904

By a loan for exchange the title to the thing lent is transferred to the borrower, and he must bear all its expenses, and is entitled to all its increase.

Civil Code - CIV - CIV § 1905

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1905

A lender for exchange cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed upon.

Civil Code - CIV - CIV § 1906

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1906

Sections 1893, 1895, and 1896, apply to a loan for exchange.

Civil Code - CIV - CIV § 1912

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1912

A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed. A loan for mere use is governed by the Chapter on Loan for Use.

Civil Code - CIV - CIV § 1913

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1913

A borrower of money, unless there is an express contract to the contrary, must pay the amount due in such money as is current at the time when the loan becomes due, whether such money is worth more or less than the actual money lent.

Civil Code - CIV - CIV § 1916

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916

When a rate of interest is prescribed by a law or contract, without specifying the period of time by which such rate is to be calculated, it is to be deemed an annual rate.

Civil Code - CIV - CIV § 1916.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.1

The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution shall not apply to any loan, or any forbearance, extension, or modification of a loan, made or arranged by any person licensed as a real estate broker by the State of Calif

Civil Code - CIV - CIV § 1916.11

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.11

Notwithstanding any other remedy a borrower may have based on an alleged failure to comply with Sections 1916.5 through 1916.9, the lien of the mortgage or deed of trust shall be valid.

Civil Code - CIV - CIV § 1916.12

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.12

(a) The Legislature finds that the economic environment of financial institutions has become increasingly volatile as a result of regulatory revisions enacted by the United States Congress and federal agencies including, but not necessarily limited to, the Comptroller of the Curr

Civil Code - CIV - CIV § 1916.2

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.2

The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution do not apply to any loans made by, or forbearances of, a public retirement or pension system that is created, authorized, and regulated by the laws of a state other than Ca

Civil Code - CIV - CIV § 1916.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.5

(a) No increase in interest provided for in any provision for a variable interest rate contained in a security document, or evidence of debt issued in connection therewith, by a lender other than a supervised financial organization is valid unless that provision is set forth in t

Civil Code - CIV - CIV § 1916.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.6

A security document, or evidence of debt issued in connection therewith, executed pursuant to Section 1916.5 may provide that the rate of interest shall not change until five years after execution of such document or documents, and not more frequently than every five years therea

Civil Code - CIV - CIV § 1916.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.7

(a) Sections 1916.5, 1916.6, 1916.8, and 1916.9 of the Civil Code, and any other provision of law restricting or setting forth requirements for changes in the rate of interest on loans, shall not be applicable to loans made pursuant to this section. (b) A mortgage loan made pursu

Civil Code - CIV - CIV § 1916.8

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.8

Any lender may make, purchase or participate in a renegotiable rate mortgage loan under this section if the loan complies with the provisions of this section pertaining to one- to four-family home loans. (a) For purposes of this section, a renegotiable rate mortgage loan is a loa

Civil Code - CIV - CIV § 1916.9

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1916.9

(a) Every lender who offers a renegotiable rate mortgage loan pursuant to Section 1916.8 to a borrower who occupies or intends to occupy the property which is security for the loan shall also offer to such borrower a fixed rate mortgage loan in the same amount with a term of at l

Civil Code - CIV - CIV § 1917

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917

For purposes of this chapter: (a) “Contingent deferred interest” means the sum a borrower is obligated to pay to a lender pursuant to the documentation of a shared appreciation loan as a share of (1) the appreciation in the value of the security property (2) rents and profits att

Civil Code - CIV - CIV § 1917.001

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917.001

The relationship of the borrower and the lender in a shared appreciation loan transaction is that of debtor and creditor and shall not be, or be construed to be, a joint venture, equity venture, partnership, or other relationship.

Civil Code - CIV - CIV § 1917.002

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917.002

A shared appreciation loan shall not be subject to any provisions of this code or the Financial Code which limits the interest rate or change of interest rate of variable, adjustable, or renegotiable interest instruments, or which requires particular language or provisions in sec

Civil Code - CIV - CIV § 1917.003

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917.003

The lien or liens of a deed or deeds of trust securing a shared appreciation loan shall include and secure the principal amount of the shared appreciation loan, and all interest, whether accrued or to be accrued, including all amounts of contingent deferred interest.

Civil Code - CIV - CIV § 1917.004

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917.004

(a) The lien of a shared appreciation loan, including the principle amount and all interest, whether accrued or to be accrued, and all amounts of contingent deferred interest, shall attach from the time of the recordation of the deed of trust securing the loan, and the lien, incl

Civil Code - CIV - CIV § 1917.005

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917.005

Lenders shall be exempt from the usury provisions of Article XV of the California Constitution with respect to shared appreciation loan transactions. This section is declaratory of existing law.

Civil Code - CIV - CIV § 1917.006

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1917.006

For purposes of this chapter: (a) “Shared appreciation loan” means, in addition to the meaning defined in Section 1917, a loan that obligates the borrower to pay to the lender contingent deferred interest pursuant to the loan documentation and that is made upon the security of an