reglab/housing_qa huggingface dataset:
CA Civ Code § 2944 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1 - Mortgages in General|Section 2944.

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 Section 9604 of the Commercial Code.(Amended by Stats. 1999, Ch. 991, Sec. 7. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
CA Civ Code § 2944.5 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1 - Mortgages in General|Section 2944.5.

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 and payable every six months, provided the lender, mortgagee, or third party is entitled to receive (a) notice of renewal from the insurer within 15 days of receipt of payment on the policy by the insured or (b) notice of cancellation or nonrenewal under the terms and conditions set forth in Sections 678 and 2074.8 of the Insurance Code, whichever is applicable.(Added by Stats. 1993, Ch. 522, Sec. 1. Effective January 1, 1994.)
CA Civ Code § 2944.6 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1 - Mortgages in General|Section 2944.6.

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 borrower, shall provide the following to the borrower, as a separate statement, in not less than 14-point bold type, prior to entering into any fee agreement with the borrower: It is not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may call your lender directly to ask for a change in your loan terms. Nonprofit housing counseling agencies also offer these and other forms of borrower assistance free of charge. A list of nonprofit housing counseling agencies approved by the United States Department of Housing and Urban Development (HUD) is available from your local HUD office or by visiting www.hud.gov.(b) If loan modification or other mortgage loan forbearance services are offered or negotiated in one of the languages set forth in Section 1632, a translated copy of the statement in subdivision (a) shall be provided to the borrower in that foreign language.(c) A violation of this section by a natural person is a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term not to exceed one year, or by both that fine and imprisonment, or if by a business entity, the violation is punishable by a fine not exceeding fifty thousand dollars ($50,000). These penalties are cumulative to any other remedies or penalties provided by law.(d) This section does not apply to a person, or an agent acting on that person’s behalf, offering loan modification or other loan forbearance services for a loan owned or serviced by that person.(e) This section shall apply only to mortgages and deeds of trust secured by residential real property containing four or fewer dwelling units.(Added by Stats. 2009, Ch. 630, Sec. 9. (SB 94) Effective October 11, 2009.)
CA Civ Code § 2944.8 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1 - Mortgages in General|Section 2944.8.

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 dollars ($2,500) for each violation, which may be assessed and recovered in a civil action.(b) As used in this section, the following terms have the following meanings:(1) “Disabled person” means a person who has a physical or mental disability, as defined in Sections 12926 and 12926.1 of the Government Code.(2) “Senior citizen” means a person who is 65 years of age or older.(c) In determining whether to impose a civil penalty pursuant to subdivision (a) and the amount thereof, the court shall consider, in addition to any other appropriate factors, the extent to which one or more of the following factors are present:(1) Whether the defendant knew or should have known that his or her conduct was directed to one or more senior citizens or disabled persons.(2) Whether the defendant’s conduct caused one or more senior citizens or disabled persons to suffer any of the following: loss or encumbrance of a primary residence, principal employment, or source of income, substantial loss of property set aside for retirement, or for personal or family care and maintenance, or substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person.(3) Whether one or more senior citizens or disabled persons are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct.(d) A court of competent jurisdiction hearing an action pursuant to this section may make orders and judgments as necessary to restore to a senior citizen or disabled person money or property, real or personal, that may have been acquired by means of a violation of Section 2944.7.(Added by Stats. 2014, Ch. 457, Sec. 2. (AB 1730) Effective January 1, 2015.)
CA Civ Code § 2944.10 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1 - Mortgages in General|Section 2944.10.

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.(Added by Stats. 2014, Ch. 457, Sec. 3. (AB 1730) Effective January 1, 2015.)
CA Civ Code § 2945 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.

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 funds from any foreclosure sale are distributed to the homeowner or his or her successor. Foreclosure consultants represent that they can assist homeowners who have defaulted on obligations secured by their residences. These foreclosure consultants, however, often charge high fees, the payment of which is often secured by a deed of trust on the residence to be saved, and perform no service or essentially a worthless service. Homeowners, relying on the foreclosure consultants’ promises of help, take no other action, are diverted from lawful businesses which could render beneficial services, and often lose their homes, sometimes to the foreclosure consultants who purchase homes at a fraction of their value before the sale. Vulnerable homeowners are increasingly relying on the services of foreclosure consultants who advise the homeowner that the foreclosure consultant can obtain the remaining funds from the foreclosure sale if the homeowner executes an assignment of the surplus, a deed, or a power of attorney in favor of the foreclosure consultant. This results in the homeowner paying an exorbitant fee for a service when the homeowner could have obtained the remaining funds from the trustee’s sale from the trustee directly for minimal cost if the homeowner had consulted legal counsel or had sufficient time to receive notices from the trustee pursuant to Section 2924j regarding how and where to make a claim for excess proceeds.(b) The Legislature further finds and declares that foreclosure consultants have a significant impact on the economy of this state and on the welfare of its citizens.(c) The intent and purposes of this article are the following:(1) To require that foreclosure consultant service agreements be expressed in writing; to safeguard the public against deceit and financial hardship; to permit rescission of foreclosure consultation contracts; to prohibit representations that tend to mislead; and to encourage fair dealing in the rendition of foreclosure services.(2) The provisions of this article shall be liberally construed to effectuate this intent and to achieve these purposes.(Amended by Stats. 2004, Ch. 177, Sec. 6. Effective January 1, 2005.)
CA Civ Code § 2945.2 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.2.

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 Section 2945.3.(b) Cancellation occurs when the owner gives written notice of cancellation to the foreclosure consultant by mail at the address specified in the contract, or by facsimile or electronic mail at the number or address identified in the contract.(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. If given by facsimile or electronic mail, notice of cancellation is effective when successfully transmitted.(d) Notice of cancellation given by the owner need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract.(Amended by Stats. 2008, Ch. 278, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 7 of Ch. 278.)
CA Civ Code § 2945.4 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.4.

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 she would perform.(b) Claim, demand, charge, collect, or receive any fee, interest, or any other compensation for any reason which exceeds 10 percent per annum of the amount of any loan which the foreclosure consultant may make to the owner.(c) Take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. That security shall be void and unenforceable.(d) Receive any consideration from any third party in connection with services rendered to an owner unless that consideration is fully disclosed to the owner.(e) Acquire any interest in a residence in foreclosure from an owner with whom the foreclosure consultant has contracted. Any interest acquired in violation of this subdivision shall be voidable, provided that nothing herein shall affect or defeat the title of a bona fide purchaser or encumbrancer for value and without notice of a violation of this article. Knowledge that the property was “residential real property in foreclosure,” does not constitute notice of a violation of this article. This subdivision may not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of residential real property in foreclosure.(f) Take any power of attorney from an owner for any purpose.(g) Induce or attempt to induce any owner to enter into a contract which does not comply in all respects with Sections 2945.2 and 2945.3.(h) Enter into an agreement at any time to assist the owner in arranging, or arrange for the owner, the release of surplus funds after the trustee’s sale is conducted, whether the agreement involves direct payment, assignment, deed, power of attorney, assignment of claim from an owner to the foreclosure consultant or any person designated by the foreclosure consultant, or any other compensation.(Amended by Stats. 2008, Ch. 278, Sec. 4. Effective January 1, 2009. Operative July 1, 2009, by Sec. 7 of Ch. 278.)
CA Civ Code § 2945.5 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.5.

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.(Amended by Stats. 1980, Ch. 676, Sec. 53.)
CA Civ Code § 2945.6 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.6.

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 damages and shall award exemplary damages equivalent to at least three times the compensation received by the foreclosure consultant in violation of subdivision (a), (b), or (d) of Section 2945.4, and three times the owner’s actual damages for any violation of subdivision (c), (e), or (g) of Section 2945.4, in addition to any other award of actual or exemplary damages.(b) The rights and remedies provided in subdivision (a) are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought pursuant to this section shall be commenced within four years from the date of the alleged violation.(Amended by Stats. 1997, Ch. 50, Sec. 5. Effective January 1, 1998.)
CA Civ Code § 2945.7 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.7.

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 both that fine and imprisonment for each violation. These penalties are cumulative to any other remedies or penalties provided by law.(Amended by Stats. 2011, Ch. 15, Sec. 35. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Civ Code § 2945.8 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.8.

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.(Added by Stats. 1979, Ch. 1029.)
CA Civ Code § 2945.9 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.9.

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 services described in subdivision (a) of Section 2945.1, (2) receipt of any consideration or property from or on behalf of an owner, or (3) performance of any act prohibited by this article.(b) “Representative” for the purposes of this section means a person who in any manner solicits, induces, or causes (1) any owner to contract with a foreclosure consultant, (2) any owner to pay any consideration or transfer title to the residence in foreclosure to the foreclosure consultant, or (3) any member of the owner’s family or household to induce or cause any owner to pay any consideration or transfer title to the residence in foreclosure to the foreclosure consultant.(Amended by Stats. 2006, Ch. 538, Sec. 55. Effective January 1, 2007.)
CA Civ Code § 2945.10 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.10.

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 damages proximately caused by that provision. Any provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter shall be void at the option of the owner only upon grounds as exist for the revocation of any contract.(b) This section shall apply to any contract entered into on or after January 1, 1991.(Added by Stats. 1990, Ch. 1537, Sec. 5.)
CA Civ Code § 2945.11 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 1.5 - Mortgage Foreclosure Consultants|Section 2945.11.

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 has a valid current California Real Estate Sales License and that the representative is bonded by an admitted surety insurer in an amount equal to at least twice the fair market value of the real property that is the subject of the contract.(2) A statement in writing, under penalty of perjury, that the representative has a valid current California Real Estate Sales License, that the representative is bonded by an admitted surety insurer in an amount equal to at least twice the value of the real property that is the subject of the contract and has complied with paragraph (1). The written statement required by this paragraph shall be provided to all parties to the contract prior to the transfer of any interest in the real property that is the subject of the contract.(b) The failure to comply with subdivision (a) shall, at the option of the owner, render the contract void and the foreclosure consultant shall be liable to the owner for all damages proximately caused by the failure to comply.(Amended by Stats. 1996, Ch. 124, Sec. 8. Effective January 1, 1997.)
CA Civ Code § 2947 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 2 - Mortgage of Real Property|Section 2947.

2947.  Any interest in real property which is capable of being transferred may be mortgaged.(Enacted 1872.)
CA Civ Code § 2948 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 2 - Mortgage of Real Property|Section 2948.

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 property], as security for the payment to him of _______ dollars, on [or before] the _____ day of ________, in the year ____, with interest thereon [or as security for the payment of an obligation, describing it, etc.]A B.(Enacted 1872.)
CA Civ Code § 2948.5 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 2 - Mortgage|ARTICLE 2 - Mortgage of Real Property|Section 2948.5.

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:(1) Is more than one day prior to the date that the loan proceeds are disbursed from escrow.(2) In the event of no escrow, if a request for recording is made in connection with the disbursement, is more than one day prior to the date the loan proceeds are disbursed to the borrower, to a third party on behalf of the borrower, or to the lender to satisfy an existing obligation of the borrower.(3) In all other circumstances where there is no escrow and no request for recording, is prior to the date funds are disbursed to the borrower, to a third party on behalf of the borrower, or to the lender to satisfy an existing obligation of the borrower.(b) Interest may commence to accrue on the business day immediately preceding the day of disbursement, for obligations described in paragraphs (1) and (2) of subdivision (a) if both of the following occur:(1) The borrower affirmatively requests, and the lender agrees, that the disbursement will occur on Monday, or a day immediately following a bank holiday.(2) The following information is disclosed to the borrower in writing: (A) the amount of additional per diem interest charged to facilitate disbursement on Monday or the day following a holiday, as the case may be, and (B) that it may be possible to avoid the additional per diem interest charge by disbursing the loan proceeds on a day immediately following a business day. This disclosure shall be provided to the borrower and acknowledged by the borrower by signing a copy of the disclosure document prior to placing funds in escrow.(c) This section does not apply to a loan that is subject to subdivision (c) of Section 10242 of the Business and Professions Code.(Amended by Stats. 2003, Ch. 554, Sec. 1. Effective January 1, 2004.)