~~ CA Code of Civil Procedure 580

CA Foreclosure Law

Code of Civil Procedure 580.

(a) The relief granted to the plaintiff, if there is no
answer, cannot exceed that demanded in the complaint, in the
statement required by Section 425.11, or in the statement provided
for by Section 425.115; but in any other case, the court may grant
the plaintiff any relief consistent with the case made by the
complaint and embraced within the issue. The court may impose
liability, regardless of whether the theory upon which liability is
sought to be imposed involves legal or equitable principles.

(b) Notwithstanding subdivision (a), the following types of relief
may not be granted in a limited civil case:

(1) Relief exceeding the maximum amount in controversy for a
limited civil case as provided in Section 85, exclusive of attorney's
fees, interest, and costs.

(2) A permanent injunction, except as otherwise authorized by
statute.

(3) A determination of title to real property.

(4) Declaratory relief, except as authorized by Section 86.

580a.
Whenever a money judgment is sought for the balance due upon
an obligation for the payment of which a deed of trust or mortgage
with power of sale upon real property or any interest therein was
given as security, following the exercise of the power of sale in
such deed of trust or mortgage, the plaintiff shall set forth in his
or her complaint the entire amount of the indebtedness which was
secured by the deed of trust or mortgage at the time of sale, the
amount for which the real property or interest therein was sold and
the fair market value thereof at the date of sale and the date of
that sale. Upon the application of either party made at least 10
days before the time of trial the court shall, and upon its own
motion the court at any time may, appoint one of the probate referees
provided for by law to appraise the property or the interest therein
sold as of the time of sale. The referee shall file his or her
appraisal with the clerk and that appraisal shall be admissible in
evidence. The referee shall take and subscribe an oath to be
attached to the appraisal that he or she has truly, honestly and
impartially appraised the property to the best of his or her
knowledge and ability. Any referee so appointed may be called and
examined as a witness by any party or by the court itself. The court
must fix the compensation of the referee in an amount as determined
by the court to be reasonable, but those fees shall not exceed
similar fees for similar services in the community where the services
are rendered, which may be taxed and allowed in like manner as other
costs. Before rendering any judgment the court shall find the fair
market value of the real property, or interest therein sold, at the
time of sale. The court may render judgment for not more than the
amount by which the entire amount of the indebtedness due at the time
of sale exceeded the fair market value of the real property or
interest therein sold at the time of sale with interest thereon from
the date of the sale; provided, however, that in no event shall the
amount of the judgment, exclusive of interest after the date of sale,
exceed the difference between the amount for which the property was
sold and the entire amount of the indebtedness secured by the deed of
trust or mortgage. Any such action must be brought within three
months of the time of sale under the deed of trust or mortgage. No
judgment shall be rendered in any such action until the real property
or interest therein has first been sold pursuant to the terms of the
deed of trust or mortgage, unless the real property or interest
therein has become valueless.

580b.

No deficiency judgment shall lie in any event after a sale of
real property or an estate for years therein for failure of the
purchaser to complete his or her contract of sale, or under a deed of
trust or mortgage given to the vendor to secure payment of the
balance of the purchase price of that real property or estate for
years therein, or under a deed of trust or mortgage on a dwelling for
not more than four families given to a lender to secure repayment of
a loan which was in fact used to pay all or part of the purchase
price of that dwelling occupied, entirely or in part, by the
purchaser.

Where both a chattel mortgage and a deed of trust or mortgage have
been given to secure payment of the balance of the combined purchase
price of both real and personal property, no deficiency judgment
shall lie at any time under any one thereof if no deficiency judgment
would lie under the deed of trust or mortgage on the real property
or estate for years therein.

580c.

In all cases where existing deeds of trust or mortgages are
judicially foreclosed, unless a different amount is set up in the
mortgage or deed of trust, and in all cases of mortgages and deeds of
trust executed after this act takes effect, the mortgagor or trustor
may be required to pay only such amount as trustee's or attorney's
fees for processing the judicial foreclosure as the court may find
reasonable and also the actual cost of publishing, recording, mailing
and posting notices, litigation guarantee, and litigation cost of
suit.

580d.
No judgment shall be rendered for any deficiency upon a note
secured by a deed of trust or mortgage upon real property or an
estate for years therein hereafter executed in any case in which the
real property or estate for years therein has been sold by the
mortgagee or trustee under power of sale contained in the mortgage or
deed of trust.

This section does not apply to any deed of trust, mortgage or
other lien given to secure the payment of bonds or other evidences of
indebtedness authorized or permitted to be issued by the
Commissioner of Corporations, or which is made by a public utility
subject to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code).


580.5.

(a) For purposes of this section:

(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.

(2) "Issuer" means an "issuer" as defined in paragraph (9) of
subdivision (a) of Section 5102 of the Commercial Code.

(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.

(b) With respect to an obligation which is secured by a mortgage
or a deed of trust upon real property or an estate for years therein
and which is also supported by a letter of credit, neither the
presentment, receipt of payment, or enforcement of a draft or demand
for payment under the letter of credit by the beneficiary of the
letter of credit nor the honor or payment of, or the demand for
reimbursement, receipt of reimbursement or enforcement of any
contractual, statutory or other reimbursement obligation relating to,
the letter of credit by the issuer of the letter of credit shall,
whether done before or after the judicial or nonjudicial foreclosure
of the mortgage or deed of trust or conveyance in lieu thereof,
constitute any of the following:

(1) An action within the meaning of subdivision (a) of Section
726, or a failure to comply with any other statutory or judicial
requirement to proceed first against security.

(2) A money judgment for a deficiency or a deficiency judgment
within the meaning of Section 580a, 580b, or 580d, or subdivision (b)
of Section 726, or the functional equivalent of any such judgment.

(3) A violation of Section 580a, 580b, 580d, or 726.


580.7.
(a) For purposes of this section:

(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.

(2) "Customer" means an "applicant" as defined in paragraph (2) of
subdivision (a) of Section 5102 of the Commercial Code.

(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.

(b) No letter of credit shall be enforceable by any party thereto
in a loan transaction in which all of the following circumstances
exist:

(1) The customer is a natural person.
(2) The letter of credit is issued to the beneficiary to avoid a
default of the existing loan.

(3) The existing loan is secured by a purchase money deed of trust
or purchase money mortgage on real property containing one to four
residential units, at least one of which is owned and occupied, or
was intended at the time the existing loan was made, to be occupied
by the customer.

(4) The letter of credit is issued after the effective date of
this section.


As of May 1, 2007

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