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Cal. Civ. Code § 1917

Shared Appreciation Loans

Applied in 2 court decisions — leading case 112 Cal. App. 4th 1527 - Jones v. Wells Fargo Bank (2003)

Most recently applied in 154 Cal. App. 4th 525 - WRI Opportunity Loans II, LLC v. Cooper (August 2007)

Added by Stats. 1987, Ch. 652, Sec. 1.

For purposes of this chapter:

(a) “Contingent deferred interest” means the sum a borrower is obligated to pay to a lender pursuant to the documentation of a shared appreciation loan as a share of (1) the appreciation in the value of the security property (2) rents and profits attributable to the subject property, or (3) both.

(b) A “shared appreciation loan” means any loan made upon the security of an interest in real property which additionally obligates the borrower to pay to the lender contingent deferred interest pursuant to the loan documentation. “Shared appreciation loan” does not include any loan made upon the security of an interest in real property containing one to four residential units at least one of which at the time the loan is made is or is to be occupied by the borrower.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.