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Civil Code - CIV - CIV § 2923.55

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 satisfied the requirements of paragraph (1) of subdivision (b). (2) Either 30 days

Civil Code - CIV - CIV § 2923.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 all investors under a pooling and servicing agreement, not to any particular pa

Civil Code - CIV - CIV § 2923.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 communication with the single point of contact. (b) The single point of contact shal

Civil Code - CIV - CIV § 2924

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 it is accompanied by actual change of possession, in which case it is to be dee

Civil Code - CIV - CIV § 2924.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 trust or mortgage, shall be recorded within 30 days after the date of sale in t

Civil Code - CIV - CIV § 2924.10

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 acknowledgment of the receipt of the documentation within five business days of receipt

Civil Code - CIV - CIV § 2924.11

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 record a notice of default under either of the following circumstances: (1) The

Civil Code - CIV - CIV § 2924.12

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, or 2924.17. (2) Any injunction shall remain in place and any trustee’s sa

Civil Code - CIV - CIV § 2924.13

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 and any prior mortgage servicers. (3) “Subordinate mortgage” means a security instrument in residential real property, inc

Civil Code - CIV - CIV § 2924.15

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 2924.18 shall apply only to a first lien mortgage or deed of trust that is secured by owner-occupied residential real proper

Civil Code - CIV - CIV § 2924.17

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 substitution of trustee recorded by or on behalf of a mortgage servicer in connection with a foreclosure subject to the req

Civil Code - CIV - CIV § 2924.18

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 foreclosure sale, a mortgage servicer, trustee, mortgagee, beneficiary, or authorized ag

Civil Code - CIV - CIV § 2924.19

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 2923.5, 2924.17, or 2924.18. (2) An injunction shall remain in place and any trustee’s sale shall be enjoined until the cour

Civil Code - CIV - CIV § 2924.20

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2924.20

Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Financial Protection and Innovation and the Bureau of Real Estate may adopt regulations applicable to any entity or person under their respective

Civil Code - CIV - CIV § 2924.21

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 been recorded.

Civil Code - CIV - CIV § 2924.26

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 2924.11 if it records or causes to record a notice of default or notice of sale at the request of a trustee, substitute

Civil Code - CIV - CIV § 2924.3

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 deed of trust on real property or an estate for years therein, to make collecti

Civil Code - CIV - CIV § 2924.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 deed of trust or mortgage on property containing four or fewer residential units

Civil Code - CIV - CIV § 2924.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 more of the following transfers in the title to the real property: (1) A transf

Civil Code - CIV - CIV § 2924.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 of the principal and interest on any loan secured thereby or to exercise any pow

Civil Code - CIV - CIV § 2924.8

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 to be sold, and a mortgagee, trustee, beneficiary, or authorized agent, concurren

Civil Code - CIV - CIV § 2924.9

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 2923.6, within five business days after recording a notice of default pursuant to Section 2924, a mortgage servicer th

Civil Code - CIV - CIV § 2924a

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 the auctioneer for the trustee.

Civil Code - CIV - CIV § 2924b

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 deed of trust or mortgage the power of sale cannot be exercised until these noti

Civil Code - CIV - CIV § 2924c

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 maturity date fixed in that obligation, become due or been declared due by reason of