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Cal. Civ. Code § 882.040

Ancient Mortgages and Deeds of Trust

Applied in 2 court decisions — leading case Curry v. US, Small Business Admin. (1987)

Most recently applied in In re Sukhu (November 1989)

Added by Stats. 1982, Ch. 1268, Sec. 1.

(a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all mortgages, deeds of trust, and other instruments that create a security interest in real property to secure a debt or other obligation, whether executed or recorded before, on, or after the operative date.

(b) This chapter shall not cause the lien of a mortgage, deed of trust, or other security interest in real property to expire or become unenforceable before the passage of five years after the operative date of this chapter.

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