reglab/housing_qa huggingface dataset:
CA Civ Code § 2912 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 1 - Liens in General|ARTICLE 6 - Extinction of Liens|Section 2912.

2912.  The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.(Enacted 1872.)
CA Civ Code § 2913 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 1 - Liens in General|ARTICLE 6 - Extinction of Liens|Section 2913.

2913.  The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons, subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.(Amended by Stats. 1905, Ch. 459.)
CA Civ Code § 2914 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 14 - LIEN|CHAPTER 1 - Liens in General|ARTICLE 6 - Extinction of Liens|Section 2914.

2914.  None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.(Added by Stats. 1963, Ch. 819.)
CA Civ Code § 2920 (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 2920.

2920.  (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession.(b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or instrument, other than a deed of trust, that confers a power of sale affecting real property or an estate for years therein, to be exercised after breach of the obligation so secured, including a real property sales contract, as defined in Section 2985, which contains such a provision.(Amended by Stats. 1989, Ch. 698, Sec. 4.)
CA Civ Code § 2920.5 (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 2920.5.

2920.5.  For purposes of this article, the following definitions apply:(a) “Mortgage servicer” means a person or entity who directly services a loan, or who is responsible for interacting with the borrower, managing the loan account on a daily basis including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note and security instrument, either as the current owner of the promissory note or as the current owner’s authorized agent. “Mortgage servicer” also means a subservicing agent to a master servicer by contract. “Mortgage servicer” shall not include a trustee, or a trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust.(b) “Foreclosure prevention alternative” means a first lien loan modification or another available loss mitigation option.(c) (1) Unless otherwise provided and for purposes of Sections 2923.4, 2923.5, 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, 2924.18, and 2924.19, “borrower” means any natural person who is a mortgagor or trustor and who is potentially eligible for any federal, state, or proprietary foreclosure prevention alternative program offered by, or through, his or her mortgage servicer.(2) For purposes of the sections listed in paragraph (1), “borrower” shall not include any of the following:(A) An individual who has surrendered the secured property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent.(B) An individual who has contracted with an organization, person, or entity whose primary business is advising people who have decided to leave their homes on how to extend the foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries.(C) An individual who has filed a case under Chapter 7, 11, 12, or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the bankruptcy case, or granting relief from a stay of foreclosure.(d) “First lien” means the most senior mortgage or deed of trust on the property that is the subject of the notice of default or notice of sale.(Added by Stats. 2012, Ch. 87, Sec. 2. (SB 900) Effective January 1, 2013. See identical section added by Stats. 2012, Ch. 86.)
CA Civ Code § 2921 (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 2921.

2921.  A mortgage may be created upon property held adversely to the mortgagor.(Enacted 1872.)
CA Civ Code § 2922 (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 2922.

2922.  A mortgage can be created, renewed, or extended, only by writing, executed with the formalities required in the case of a grant of real property.(Enacted 1872.)
CA Civ Code § 2923 (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 2923.

2923.  The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.(Enacted 1872.)
CA Civ Code § 2923.1 (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 2923.1.

2923.1.  (a) A mortgage broker providing mortgage brokerage services to a borrower is the fiduciary of the borrower, and any violation of the broker’s fiduciary duties shall be a violation of the mortgage broker’s license law. This fiduciary duty includes a requirement that the mortgage broker place the economic interest of the borrower ahead of his or her own economic interest. A mortgage broker who provides mortgage brokerage services to the borrower owes this fiduciary duty to the borrower regardless of whether the mortgage broker is acting as an agent for any other party in connection with the residential mortgage loan transaction.(b) For purposes of this section, the following definitions apply:(1) “Licensed person” means a real estate broker licensed under the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code), a finance lender or broker licensed under the California Finance Lenders Law (Division 9 (commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed under the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), a commercial or industrial bank organized under the Banking Law (Division 1 (commencing with Section 99) of the Financial Code), a savings association organized under the Savings Association Law (Division 2 (commencing with Section 5000) of the Financial Code), and a credit union organized under the California Credit Union Law (Division 5 (commencing with Section 14000) of the Financial Code).(2) “Mortgage broker” means a licensed person who provides mortgage brokerage services. For purposes of this section, a licensed person who makes a residential mortgage loan is a “mortgage broker,” and subject to the requirements of this section applicable to mortgage brokers, only with respect to transactions in which the licensed person provides mortgage brokerage services.(3) “Mortgage brokerage services” means arranging or attempting to arrange, as exclusive agent for the borrower or as dual agent for the borrower and lender, for compensation or in expectation of compensation, paid directly or indirectly, a residential mortgage loan made by an unaffiliated third party.(4) “Residential mortgage loan” means a consumer credit transaction that is secured by residential real property that is improved by four or fewer residential units.(c) The duties set forth in this section shall not be construed to limit or narrow any other fiduciary duty of a mortgage broker.(Added by Stats. 2009, Ch. 629, Sec. 2. (AB 260) Effective January 1, 2010.)
CA Civ Code § 2923.4 (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 - Mortgages in General|Section 2923.4.

2923.4.  The purpose of the act that added this section is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and have a meaningful opportunity to obtain, available loss mitigation options, if any, offered by or through the borrower’s mortgage servicer, such as loan modifications or other alternatives to foreclosure. Nothing in the act that added this section, however, shall be interpreted to require a particular result of that process.(Amended (as added by Stats. 2012, Ch. 87, Sec. 3) by Stats. 2018, Ch. 404, Sec. 2. (SB 818) Effective January 1, 2019.)
CA Civ Code § 2924.1 (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 2924.1.

2924.1.  (a) Notwithstanding any other law, the transfer, following the sale, of property in a common interest development, as defined by Section 1351, executed under the power of sale contained in any deed of trust or mortgage, shall be recorded within 30 days after the date of sale in the office of the county recorder where the property or a portion of the property is located.(b) Any failure to comply with the provisions of this section shall not affect the validity of a trustee’s sale or a sale in favor of a bona fide purchaser.(Added by Stats. 2012, Ch. 255, Sec. 1. (AB 2273) Effective January 1, 2013.)
CA Civ Code § 2924.5 (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 2924.5.

2924.5.  No clause in any deed of trust or mortgage on property containing four or fewer residential units or on which four or fewer residential units are to be constructed or in any obligation secured by any deed of trust or mortgage on property containing four or fewer residential units or on which four or fewer residential units are to be constructed that provides for the acceleration of the due date of the obligation upon the sale, conveyance, alienation, lease, succession, assignment or other transfer of the property subject to the deed of trust or mortgage shall be valid unless the clause is set forth, in its entirety in both the body of the deed of trust or mortgage and the promissory note or other document evidencing the secured obligation. This section shall apply to all such deeds of trust, mortgages, and obligations secured thereby executed on or after July 1, 1972.(Amended by Stats. 1972, Ch. 216.)
CA Civ Code § 2924.6 (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 2924.6.

2924.6.  (a) An obligee may not accelerate the maturity date of the principal and accrued interest on any loan secured by a mortgage or deed of trust on residential real property solely by reason of any one or more of the following transfers in the title to the real property:(1) A transfer resulting from the death of an obligor where the transfer is to the spouse who is also an obligor.(2) A transfer by an obligor where the spouse becomes a coowner of the property.(3) A transfer resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the obligor to continue to make the loan payments by which a spouse who is an obligor becomes the sole owner of the property.(4) A transfer by an obligor or obligors into an inter vivos trust in which the obligor or obligors are beneficiaries.(5) Such real property or any portion thereof is made subject to a junior encumbrance or lien.(b) Any waiver of the provisions of this section by an obligor is void and unenforceable and is contrary to public policy.(c) For the purposes of this section, “residential real property” means any real property which contains at least one but not more than four housing units. (d) This act applies only to loans executed or refinanced on or after January 1, 1976.(Added by Stats. 1975, Ch. 850.)
CA Civ Code § 2924.7 (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 - Mortgages in General|Section 2924.7.

2924.7.  (a) The provisions of any deed of trust or mortgage on real property which authorize any beneficiary, trustee, mortgagee, or his or her agent or successor in interest, to accelerate the maturity date of the principal and interest on any loan secured thereby or to exercise any power of sale or other remedy contained therein upon the failure of the trustor or mortgagor to pay, at the times provided for under the terms of the deed of trust or mortgage, any taxes, rents, assessments, or insurance premiums with respect to the property or the loan, or any advances made by the beneficiary, mortgagee, or his or her agent or successor in interest shall be enforceable whether or not impairment of the security interest in the property has resulted from the failure of the trustor or mortgagor to pay the taxes, rents, assessments, insurance premiums, or advances.(b) The provisions of any deed of trust or mortgage on real property which authorize any beneficiary, trustee, mortgagee, or his or her agent or successor in interest, to receive and control the disbursement of the proceeds of any policy of fire, flood, or other hazard insurance respecting the property shall be enforceable whether or not impairment of the security interest in the property has resulted from the event that caused the proceeds of the insurance policy to become payable.(Added by Stats. 1988, Ch. 179, Sec. 2.)
CA Civ Code § 2924.8 (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 2924.8.

2924.8.  (a) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following notice, in the manner required for posting the notice of sale on the property to be sold, and a mortgagee, trustee, beneficiary, or authorized agent, concurrently with the mailing of the notice of sale pursuant to Section 2924b, shall send by first-class mail in an envelope addressed to the “Resident of property subject to foreclosure sale” the following notice in English and the languages described in Section 1632:Foreclosure process has begun on this property, which may affect your right to continue to live in this property. Twenty days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new lease or rental agreement or provide you with a 90-day eviction notice. You may have a right to stay in your home for longer than 90 days. If you have a fixed-term lease, the new owner must honor the lease unless the new owner will occupy the property as a primary residence or in other limited circumstances. Also, in some cases and in some cities with a “just cause for eviction” law, you may not have to move at all. All rights and obligations under your lease or tenancy, including your obligation to pay rent, will continue after the foreclosure sale. You may wish to contact a lawyer or your local legal aid office or housing counseling agency to discuss any rights you may have.(b) It is an infraction to tear down the notice described in subdivision (a) within 72 hours of posting. Violators shall be subject to a fine of one hundred dollars ($100).(c) The Department of Business Oversight and the Department of Real Estate shall make available translations of the notice described in subdivision (a) which may be used by a mortgagee, trustee, beneficiary, or authorized agent to satisfy the requirements of this section.(d) This section shall only apply to loans secured by residential real property, and if the billing address for the mortgage note is different than the property address.(e) This section shall become operative on March 1, 2021.(Added by Stats. 2020, Ch. 36, Sec. 14. (AB 3364) Effective January 1, 2021. Section operative March 1, 2021, by its own provisions.)
CA Civ Code § 2924.9 (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 - Mortgages in General|Section 2924.9.

2924.9.  (a) Unless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in Section 2923.6, within five business days after recording a notice of default pursuant to Section 2924, a mortgage servicer that offers one or more foreclosure prevention alternatives shall send a written communication to the borrower that includes all of the following information:(1) That the borrower may be evaluated for a foreclosure prevention alternative or, if applicable, foreclosure prevention alternatives.(2) Whether an application is required to be submitted by the borrower in order to be considered for a foreclosure prevention alternative.(3) The means and process by which a borrower may obtain an application for a foreclosure prevention alternative.(b) This section shall not apply to entities described in subdivision (b) of Section 2924.18.(c) This section shall apply only to mortgages or deeds of trust described in Section 2924.15. (Added by Stats. 2018, Ch. 404, Sec. 12. (SB 818) Effective January 1, 2019.)
CA Civ Code § 2924.10 (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 2924.10.

2924.10.  (a) When a borrower submits a complete first lien modification application or any document in connection with a first lien modification application, the mortgage servicer shall provide written acknowledgment of the receipt of the documentation within five business days of receipt. In its initial acknowledgment of receipt of the loan modification application, the mortgage servicer shall include the following information:(1) A description of the loan modification process, including an estimate of when a decision on the loan modification will be made after a complete application has been submitted by the borrower and the length of time the borrower will have to consider an offer of a loan modification or other foreclosure prevention alternative.(2) Any deadlines, including deadlines to submit missing documentation, that would affect the processing of a first lien loan modification application.(3) Any expiration dates for submitted documents.(4) Any deficiency in the borrower’s first lien loan modification application.(b) For purposes of this section, a borrower’s first lien loan modification application shall be deemed to be “complete” when a borrower has supplied the mortgage servicer with all documents required by the mortgage servicer within the reasonable timeframes specified by the mortgage servicer.(c) This section shall not apply to entities described in subdivision (b) of Section 2924.18.(d) This section shall apply only to mortgages or deeds of trust described in Section 2924.15. (Added by Stats. 2018, Ch. 404, Sec. 13. (SB 818) Effective January 1, 2019.)
CA Civ Code § 2924.15 (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 2924.15.

2924.15.  (a) Unless otherwise provided, paragraph (5) of subdivision (a) of Section 2924, and Sections 2923.5, 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, and 2924.18 shall apply only to a first lien mortgage or deed of trust that meets either of the following criteria:(1) (A) The first lien mortgage or deed of trust is secured by owner-occupied residential real property containing no more than four dwelling units.(B) For purposes of this paragraph, “owner-occupied” means that the property is the principal residence of the borrower and is security for a loan made for personal, family, or household purposes.(2) The first lien mortgage or deed of trust is secured by residential real property that is occupied by a tenant, contains no more than four dwelling units, and meets all of the conditions described in subparagraph (B).(A) For the purposes of this paragraph:(i) “Applicable lease” means a lease entered pursuant to an arm’s length transaction before, and in effect on, March 4, 2020.(ii) “Arm’s length transaction” means a lease entered into in good faith and for valuable consideration that reflects the fair market value in the open market between informed and willing parties.(iii) “Occupied by a tenant” means that the property is the principal residence of a tenant.(B) To meet the conditions of this subparagraph, a first lien mortgage or deed of trust shall have all of the following characteristics:(i) The property is owned by an individual who owns no more than three residential real properties, or by one or more individuals who together own no more than three residential real properties, each of which contains no more than four dwelling units.(ii) The property is occupied by a tenant pursuant to an applicable lease.(iii) A tenant occupying the property is unable to pay rent due to a reduction in income resulting from the novel coronavirus.(C) Relief shall be available pursuant to subdivision (a) of Section 2924 and Sections 2923.5, 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, and 2924.18 for so long as the property remains occupied by a tenant pursuant to a lease entered in an arm’s length transaction.(b) This section shall remain in effect until January 1, 2023, and as of that date is repealed.(Amended (as amended by Stats. 2020, Ch. 37, Sec. 11) by Stats. 2021, Ch. 360, Sec. 4. (AB 1584) Effective January 1, 2022. Repealed as of January 1, 2023, by its own provisions. See later operative version amended by Sec. 5 of Stats. 2021, Ch. 360.)