California Deed of Trust, Mortgage

California Mortgage and Deed of Trust Statutory Codes

WAIS Document Retrieval: "CALIFORNIA CODES CIVIL CODE SECTION 2920-2944.5 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. 2921. A mortgage may be created upon property held adversely to the mortgagor. 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. 2923. The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession."