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Civil Code - CIV - CIV § 2944

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2944

None of the provisions of this chapter applies to any transaction or security interest governed by the Commercial Code, except to the extent made applicable by reason of an election made by the secured party pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Sect

Civil Code - CIV - CIV § 2944.10

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2944.10

Any action to enforce any cause of action pursuant to Section 2944.7 or 2944.8 shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of this section shall be revived by its enactment.

Civil Code - CIV - CIV § 2944.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2944.5

No lender, mortgagee, or any third party having an interest in real or personal property shall refuse to accept a policy issued by an admitted insurer solely because the policy is issued for a continuous period without a fixed expiration date even though the policy premium is due

Civil Code - CIV - CIV § 2944.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2944.6

(a) Notwithstanding any other provision of law, any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation paid by the borr

Civil Code - CIV - CIV § 2944.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2944.7

(a) Notwithstanding any other law, it shall be unlawful for any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation paid

Civil Code - CIV - CIV § 2944.8

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2944.8

(a) In addition to any liability for a civil penalty pursuant to Section 2944.7, if a person violates Section 2944.7 with respect to a victim who is a senior citizen or a disabled person, the violator may be liable for a civil penalty not to exceed two thousand five hundred dolla

Civil Code - CIV - CIV § 2945

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945

(a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by foreclosure consultants from the time a Notice of Default is recorded pursuant to Section 2924 until the time surplus fund

Civil Code - CIV - CIV § 2945.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.1

The following definitions apply to this chapter: (a) “Foreclosure consultant” means any person who makes any solicitation, representation, or offer to any owner to perform for compensation or who, for compensation, performs any service which the person in any manner represents wi

Civil Code - CIV - CIV § 2945.10

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.10

(a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.9 shall be void and shall at the option of the owner render the contract void. The foreclosure consultant shall be liable to the owner for all damage

Civil Code - CIV - CIV § 2945.11

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.11

(a) Any representative, as defined in subdivision (b) of Section 2945.9, deemed to be the agent or employee or both the agent and the employee of the foreclosure consultant shall be required to provide both of the following: (1) Written proof to the owner that the representative

Civil Code - CIV - CIV § 2945.2

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.2

(a) In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the fifth business day, as defined in subdivision (e) of Section 1689.5, after the day on which the owner signs a contract that complies with Sec

Civil Code - CIV - CIV § 2945.3

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.3

(a) Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of compensation. (b) The following notice, printed in at least 14-point boldface type and completed with the name of the forecl

Civil Code - CIV - CIV § 2945.4

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.4

It shall be a violation for a foreclosure consultant to: (a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented that he or sh

Civil Code - CIV - CIV § 2945.45

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.45

(a) Except as provided in subdivision (b) of Section 2945.1, a person shall not take any action specified in subdivision (a) of Section 2945.1 unless the person satisfies the following requirements: (1) The person registers with, and is issued and maintains a certificate of regis

Civil Code - CIV - CIV § 2945.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.5

Any waiver by an owner of the provisions of this article shall be deemed void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive his rights shall be deemed a violation of this article.

Civil Code - CIV - CIV § 2945.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.6

(a) An owner may bring an action against a foreclosure consultant for any violation of this chapter. Judgment shall be entered for actual damages, reasonable attorneys’ fees and costs, and appropriate equitable relief. The court also may, in its discretion, award exemplary damage

Civil Code - CIV - CIV § 2945.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.7

Any person who commits any violation described in Section 2945.4 shall be punished by a fine of not more than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by bot

Civil Code - CIV - CIV § 2945.8

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.8

If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the article and the application of such provision to other persons and circumstances shall not be affected thereby.

Civil Code - CIV - CIV § 2945.9

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2945.9

(a) A foreclosure consultant is liable for all damages resulting from any statement made or act committed by the foreclosure consultant’s representative in any manner connected with the foreclosure consultant’s (1) performance, offer to perform, or contract to perform any of the

Civil Code - CIV - CIV § 2947

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2947

Any interest in real property which is capable of being transferred may be mortgaged.

Civil Code - CIV - CIV § 2948

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2948

A mortgage of real property may be made in substantially the following form: This mortgage, made the ____ day of ________, in the year ____, by A B, of _____, mortgagor, to C D, of ______, mortgagee, witnesseth: That the mortgagor mortgages to the mortgagee [here describe the pro

Civil Code - CIV - CIV § 2948.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2948.5

(a) A borrower shall not be required to pay interest on a principal obligation under a promissory note secured by a mortgage or deed of trust on real property improved with between one to four residential dwelling units for any period that meets any of the following requirements:

Civil Code - CIV - CIV § 2949

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2949

(a) No mortgage or deed of trust on real property containing only a single-family, owner-occupied dwelling may be declared in default, nor may the maturity date of the indebtedness secured thereby be accelerated, solely by reason of the owner further encumbering the real property

Civil Code - CIV - CIV § 2950

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2950

When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his or her heirs or devisees, or persons having a

Civil Code - CIV - CIV § 2951

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2951

(a) A conventional home mortgage loan originated on or after January 1, 2027, and secured by owner-occupied residential real property containing four or fewer dwelling units with multiple borrowers shall include provisions to allow for any of the existing borrowers to purchase th