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Civil Code - CIV - CIV § 2924d
Civil Code - CIV - CIV § 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 or deed of trust, a beneficiary, trustee, mortgagee, or their agent or successor
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Civil Code - CIV - CIV § 2924e
Civil Code - CIV - CIV § 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 thousand dollars ($300,000) may, with the written consent of the trustor or mor
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Civil Code - CIV - CIV § 2924f
Civil Code - CIV - CIV § 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. (b) (1) Except as provided in subdivision (c), before any sale of property can be made under the p
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Civil Code - CIV - CIV § 2924g
Civil Code - CIV - CIV § 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 auction, to the highest bidder, between the hours of 9 a.m. and 5 p.m. on any bus
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Civil Code - CIV - CIV § 2924h
Civil Code - CIV - CIV § 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 property being sold by the trustee under the power of sale for the amount of the bi
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Civil Code - CIV - CIV § 2924i
Civil Code - CIV - CIV § 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 occupied by the borrower if the loan is for a period in excess of one year and is a
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Civil Code - CIV - CIV § 2924j
Civil Code - CIV - CIV § 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 required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee sha
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Civil Code - CIV - CIV § 2924k
Civil Code - CIV - CIV § 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 trustee’s sale conducted pursuant to Section 2924h in the following order of pr
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Civil Code - CIV - CIV § 2924l
Civil Code - CIV - CIV § 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 that it has been named in the action or proceeding solely in its capacity as trust
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Civil Code - CIV - CIV § 2924m
Civil Code - CIV - CIV § 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 2015.5 of the Code of Civil Procedure, that: (A) They will occupy the property as their primary residence within
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Civil Code - CIV - CIV § 2924n
Civil Code - CIV - CIV § 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 tenants, including, but not limited to, notice requirements, requirements for th
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Civil Code - CIV - CIV § 2924o
Civil Code - CIV - CIV § 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 subdivision (a) of that section, the property shall be subject to a recorded covenant
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Civil Code - CIV - CIV § 2924p
Civil Code - CIV - CIV § 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 purchase properties that have been acquired through the foreclosure process by an enti
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Civil Code - CIV - CIV § 2925
Civil Code - CIV - CIV § 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 incumbrancer for value and without notice), though the fact does not appear by the terms
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Civil Code - CIV - CIV § 2926
Civil Code - CIV - CIV § 2926
A mortgage is a lien upon everything that would pass by a grant of the property.
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Civil Code - CIV - CIV § 2927
Civil Code - CIV - CIV § 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 such change of possession without a new consideration.
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Civil Code - CIV - CIV § 2928
Civil Code - CIV - CIV § 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.
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Civil Code - CIV - CIV § 2929
Civil Code - CIV - CIV § 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.
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Civil Code - CIV - CIV § 2929.3
Civil Code - CIV - CIV § 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 mortgage or deed of trust. A governmental entity may impose a civil fine upon the l
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Civil Code - CIV - CIV § 2929.4
Civil Code - CIV - CIV § 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 foreclosure under a mortgage or deed of trust, a governmental entity shall provide the ow
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Civil Code - CIV - CIV § 2929.45
Civil Code - CIV - CIV § 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 foreclosure sale, or that is acquired through foreclosure under a mortgage or deed o
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Civil Code - CIV - CIV § 2929.5
Civil Code - CIV - CIV § 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 of any hazardous substance into, onto, beneath, or from the real property secur
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Civil Code - CIV - CIV § 2931
Civil Code - CIV - CIV § 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 .
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Civil Code - CIV - CIV § 2931a
Civil Code - CIV - CIV § 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 real property, or in all eminent domain proceedings under Section 1250.110 et se
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Civil Code - CIV - CIV § 2931b
Civil Code - CIV - CIV § 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 Attorney General may, with the consent of the Department of Finance, bid upon and purch