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Civil Code - CIV - CIV § 2952
Civil Code - CIV - CIV § 2952
Mortgages and deeds of trust of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect, as grants thereof; provided, however, that a mortgage or deed of trust of real property may be recorded and constructive notice of the same an
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Civil Code - CIV - CIV § 2953
Civil Code - CIV - CIV § 2953
Any express agreement made or entered into by a borrower at the time of or in connection with the making of or renewing of any loan secured by a deed of trust, mortgage or other instrument creating a lien on real property, whereby the borrower agrees to waive the rights, or privi
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Civil Code - CIV - CIV § 2953.1
Civil Code - CIV - CIV § 2953.1
As used in this section: (a) “Real property security instrument” shall include any mortgage or trust deed or land contract in or on real property. (b) “Subordination clause” shall mean a clause in a real property security instrument whereby the holder of the security interest und
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Civil Code - CIV - CIV § 2953.2
Civil Code - CIV - CIV § 2953.2
Every real property security instrument which contains or has attached a subordination clause shall contain: (a) At the top of the real property security instrument there shall appear in at least 10-point bold type, or, if typewritten, in capital letters and underlined, the word
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Civil Code - CIV - CIV § 2953.3
Civil Code - CIV - CIV § 2953.3
Every subordination agreement shall contain: (a) At the top of the subordination agreement there shall appear in at least 10-point bold type, or, if typewritten, in capital letters and underlined, the words “S ubordination A greement .” (b) A notice in at least eight-point bold t
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Civil Code - CIV - CIV § 2953.4
Civil Code - CIV - CIV § 2953.4
(a) Any subordination clause and any subordination agreement which is executed after the effective date of this act and which does not substantially comply with the provisions of Section 2953.2 or Section 2953.3 shall be voidable upon the election of the person whose security int
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Civil Code - CIV - CIV § 2953.5
Civil Code - CIV - CIV § 2953.5
(a) Sections 2953.1 through 2953.4 shall not apply to any subordination clause or subordination agreement which expressly states that the subordinating loan shall exceed twenty-five thousand dollars ($25,000). (b) Sections 2953.1 through 2953.4 shall not apply to any subordinatio
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Civil Code - CIV - CIV § 2954
Civil Code - CIV - CIV § 2954
(a) (1) No impound, trust, or other type of account for payment of taxes on the property, insurance premiums, or other purposes relating to the property shall be required as a condition of a real property sale contract or a loan secured by a deed of trust or mortgage on real prop
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Civil Code - CIV - CIV § 2954.1
Civil Code - CIV - CIV § 2954.1
No lender or person who purchases obligations secured by real property, or any agent of such lender or person, who maintains an impound, trust, or other type of account for the payment of taxes and assessments on real property, insurance premiums, or other purposes relating to su
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Civil Code - CIV - CIV § 2954.10
Civil Code - CIV - CIV § 2954.10
An obligee which accelerates the maturity date of the principal and accrued interest, pursuant to contract, on any loan secured by a mortgage or deed of trust on real property or an estate for years therein, upon the conveyance of any right, title, or interest in that property, m
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Civil Code - CIV - CIV § 2954.11
Civil Code - CIV - CIV § 2954.11
(a) As used in this section: (1) “Open-end credit plan” has the meaning set forth in Regulation Z of the Federal Reserve System (12 C.F.R. 226.2(a)(20)). (2) “Installment loan” means any loan specified in subdivision (h) extended under an installment loan feature. (3) “Installmen
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Civil Code - CIV - CIV § 2954.12
Civil Code - CIV - CIV § 2954.12
(a) Notwithstanding Section 2954.7, and except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence of indebtedness secured by a deed of trust or mortgage purchased in whole or in part by an institution
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Civil Code - CIV - CIV § 2954.2
Civil Code - CIV - CIV § 2954.2
(a) Every mortgagee of record of real property containing only a one- to four-family residence, when the mortgage is given to secure payment of the balance of the purchase price of the property or to refinance such a mortgage, shall furnish to the mortgagor within 60 days after t
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Civil Code - CIV - CIV § 2954.4
Civil Code - CIV - CIV § 2954.4
(a) A charge that may be imposed for late payment of an installment due on a loan secured by a mortgage or a deed of trust on real property containing only a single-family, owner-occupied dwelling, shall not exceed either (1) the equivalent of 6 percent of the installment due tha
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Civil Code - CIV - CIV § 2954.5
Civil Code - CIV - CIV § 2954.5
(a) Before the first default, delinquency, or late payment charge may be assessed by any lender on a delinquent payment of a loan, other than a loan made pursuant to Division 9 (commencing with Section 22000) of the Financial Code, secured by real property, and before the borrowe
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Civil Code - CIV - CIV § 2954.6
Civil Code - CIV - CIV § 2954.6
(a) If private mortgage insurance or mortgage guaranty insurance, as defined in subdivision (a) of Section 12640.02 of the Insurance Code, is required as a condition of a loan secured by a deed of trust or mortgage on real property, the lender or person making or arranging the lo
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Civil Code - CIV - CIV § 2954.65
Civil Code - CIV - CIV § 2954.65
Within 30 days after notice of cancellation from the insured, a private mortgage insurer or mortgage guaranty insurer shall, if the policy is cancellable, refund the remaining portion of the unused premium to the person or persons designated by the insured.
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Civil Code - CIV - CIV § 2954.7
Civil Code - CIV - CIV § 2954.7
Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence of indebtedness secured by a deed of trust or mortgage purchased in whole or in part by an institutional third party specifically prohibits ca
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Civil Code - CIV - CIV § 2954.8
Civil Code - CIV - CIV § 2954.8
(a) Every financial institution that makes loans upon the security of real property containing only a one- to four-family residence and located in this state or purchases obligations secured by such property and that receives money in advance for payment of taxes and assessments
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Civil Code - CIV - CIV § 2954.85
Civil Code - CIV - CIV § 2954.85
(a) A financial institution that makes loans upon the security of real property containing only a one- to four-family residence and located in this state or purchases obligations secured by the property and that holds hazard insurance proceeds in a loss draft account pending prop
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Civil Code - CIV - CIV § 2954.9
Civil Code - CIV - CIV § 2954.9
(a) (1) Except as otherwise provided by statute, where the original principal obligation is a loan for residential property of four units or less, the borrower under any note or evidence of indebtedness secured by a deed of trust or mortgage or any other lien on real property sha
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Civil Code - CIV - CIV § 2955
Civil Code - CIV - CIV § 2955
(a) Money held by a mortgagee or a beneficiary of a deed of trust on real property in this state, or held by a vendor on a contract of sale of real property in this state, in an impound account for the payment of taxes and assessments or insurance premiums or other purposes on or
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Civil Code - CIV - CIV § 2955.1
Civil Code - CIV - CIV § 2955.1
(a) Any lender originating a loan secured by the borrower’s separate interest in a condominium project, as defined in Section 4125 or 6542, which requires earthquake insurance or imposes a fee or any other condition in lieu thereof pursuant to an underwriting requirement imposed
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Civil Code - CIV - CIV § 2955.5
Civil Code - CIV - CIV § 2955.5
(a) No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the
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Civil Code - CIV - CIV § 2956
Civil Code - CIV - CIV § 2956
In a transaction for the purchase of a dwelling for not more than four families in which there is an arranger of credit, which purchase includes an extension of credit by the vendor, a written disclosure with respect to that credit transaction shall be made, as required by this a