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Civil Code - CIV - CIV § 2890

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2891

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 lien originally secured.

Civil Code - CIV - CIV § 2892

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 borrower, under Sections 1892 and 1893.

Civil Code - CIV - CIV § 2897

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2898

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 recording laws. (b) The priority of the lien of a mortgage or deed of trust on an

Civil Code - CIV - CIV § 2899

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 risk of loss to himself, or of injustice to other persons, must resort to the p

Civil Code - CIV - CIV § 2903

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 such redemption, becomes subrogated to all the benefits of the lien, as against al

Civil Code - CIV - CIV § 2904

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 lien; and, 2. To be subrogated to all the benefits of the superior lien, when necessary for the protection of his intere

Civil Code - CIV - CIV § 2905

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 the lien is entitled for delay.

Civil Code - CIV - CIV § 2906

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 the option is not dependent upon the occurrence of a default with respect to the

Civil Code - CIV - CIV § 2909

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 accessory obligation.

Civil Code - CIV - CIV § 2910

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 the lien thereon.

Civil Code - CIV - CIV § 2911

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 principal obligation, or 2. A treasurer, street superintendent or other public official may sell any real property to satisf

Civil Code - CIV - CIV § 2912

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2913

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 extinguishes it, notwithstanding any such agreement, as to creditors of the owner an

Civil Code - CIV - CIV § 2914

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2914

None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.

Civil Code - CIV - CIV § 2920

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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. (b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means an

Civil Code - CIV - CIV § 2920.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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, managing the loan account on a daily basis including collecting and crediting per

Civil Code - CIV - CIV § 2921

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2921

A mortgage may be created upon property held adversely to the mortgagor.

Civil Code - CIV - CIV § 2922

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2923

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2923

The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.

Civil Code - CIV - CIV § 2923.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 broker’s license law. This fiduciary duty includes a requirement that the mortgage b

Civil Code - CIV - CIV § 2923.3

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 the recorded notice of default with an attached separate summary document of the n

Civil Code - CIV - CIV § 2923.4

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 loss mitigation options, if any, offered by or through the borrower’s mortgage se

Civil Code - CIV - CIV § 2923.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 initial contact is made as required by paragraph (2) or 30 days after satisfying t