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Civil Code - CIV - CIV § 2931c

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 California under the Unemployment Insurance Code, the Revenue and Taxation Code, or Ch

Civil Code - CIV - CIV § 2932

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2932.2

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 trustor signs the mortgage or deed of trust, a written disclosure that a third p

Civil Code - CIV - CIV § 2932.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 who by assignment becomes entitled to payment of the money secured by the instru

Civil Code - CIV - CIV § 2932.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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. (b) As used in this section, the term “financial institution” includes, but is not limited to, banks, savin

Civil Code - CIV - CIV § 2933

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2934

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 contents thereof to all persons; and any instrument by which any mortgage or dee

Civil Code - CIV - CIV § 2934a

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 incidental to the exercise of the power of sale therein conferred, may be substituted b

Civil Code - CIV - CIV § 2934b

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2934b

Sections 15643 and 18102 of the Probate Code apply to trustees under deeds of trust given to secure obligations.

Civil Code - CIV - CIV § 2935

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 assignment of the mortgage or of the assignment of the beneficial interest unde

Civil Code - CIV - CIV § 2936

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2936

The assignment of a debt secured by mortgage carries with it the security.

Civil Code - CIV - CIV § 2937

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 indebtedness secured by a mortgage or deed of trust on real property containing

Civil Code - CIV - CIV § 2937.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 does not impose any obligation on the trustee to notify the trustor or beneficiary

Civil Code - CIV - CIV § 2938

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 denoted as absolute, absolute conditioned upon default, additional security for

Civil Code - CIV - CIV § 2939

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 “recording transfers,” stating that the mortgage has been paid, satisfied, or discharged.

Civil Code - CIV - CIV § 2939.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 which such mortgage is recorded, a duly certified and authenticated copy of their

Civil Code - CIV - CIV § 2940

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2941

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 record or cause to be recorded in the office of the county recorder in which the m

Civil Code - CIV - CIV § 2941.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 2941.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 county jail for not to exceed six months, or by both such fine and imprisonment

Civil Code - CIV - CIV § 2941.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 execute and deliver a proper certificate of discharge or request for reconveyance, or

Civil Code - CIV - CIV § 2941.9

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 beneficial interest of a series of notes secured by the same real property or o

Civil Code - CIV - CIV § 2942

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2942

Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by any of the provisions of this Chapter.

Civil Code - CIV - CIV § 2943

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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. (2) “Beneficiary statement” means a written statement showing: (A) The amount of the unpaid balance of the obligation secured by the mortgage o

Civil Code - CIV - CIV § 2943.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2943.1

(a) For purposes of this section, the following definitions apply: (1) “Beneficiary” has the same meaning as defined in Section 2943. (2) “Borrower’s Instruction to Suspend and Close Equity Line of Credit” means the instruction described in subdivision (c), signed by the borrower