Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 14. LIEN / CHAPTER 2. Mortgage / ARTICLE 1. Mortgages in General
California Codes

Cal. Civil Code § 2920 (2026)

✓ current as of May 2026
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(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.

Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1882–2026 · leading case: David Merritt v. Countrywide Fin. Corporat, 759 F.3d 1023 (9th Cir. 2014).
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David Merritt v. Countrywide Fin. Corporat, 759 F.3d 1023 (9th Cir. 2014). · cites it 2× “4 Initially, the Merritts’ Countrywide agent had told them, “I can pretty much guaranty you that we can get you in your new home for $1800 per month and possibly even as low as $1,500.”
Fountain Valley Chateau Blanc Homeowner's Ass'n v. Dep't of Vets. Affairs, 98 Cal. Daily Op. Serv. 8143 (Cal. Ct. App. 1998). · cites it 2× “We affirm the judgment in favor of the department because the applicable statute, Civil Code section 2920, also looks to substance over form.”
Bre DDR BR Whittwood Ca LLC v. Farmers & Merchants Bank of Long Beach, 222 Cal. Rptr. 3d 435 (Cal. Ct. App. 5th 2017). “( Civ. Code, § 2920.) " '[W]here a trust deed to secure a loan is taken .”
Sheen v. Wells Fargo Bank, N.A., 250 Cal. Rptr. 3d 677 (Cal. Ct. App. 5th 2019). “California Homeowner Bill of Rights ( Civ. Code, § 2920 et seq. ), 3. Perata Mortgage Relief Act ( Civ.”
Aviel v. Ng, 74 Cal. Rptr. 3d 200 (Cal. Ct. App. 2008). “” (Civ. Code, § 2920, subd. (a).) For purposes of the procedures governing exercise of a power of sale in a security device, the term “ ‘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…”
Dieckmeyer v. Redevelopment Agency, 2005 Cal. Daily Op. Serv. 1787 (Cal. Ct. App. 2005). “” (Civ. Code, § 2920, subd. (a).) While the obligation most often secured is payment of a note, it may also be performance of a contract.”
Heritage Oaks Partners v. First Am. Title Ins., 66 Cal. Rptr. 3d 510 (Cal. Ct. App. 2007). “(Civ. Code, § 2920 et seq.) In light of our Supreme Court’s admonition in I.”
First Fed. Bank v. Cogar (In Re Cogar), 210 B.R. 803 (9th Cir. BAP 1997). “See Cal. Civ.Code §§ 2920(a), 2924c(a)(l), 2927 (West 1993 & Supp.”
Schoenmann v. Bach Constr., Inc. (In Re Segovia), 387 B.R. 773 (Bankr. N.D. Cal. 2008). “” Cal. Civ.Code § 2920. A mortgage can be created only via a writing “executed with the formalities required in the case of a grant of real property.”
People Ex Rel. Dep't of Pub. Works v. Nogarr, 330 P.2d 858 (Cal. Ct. App. 1958). “(Civ. Code, § 2920; McMillan v. Richards, 9 Cal.”
Priddel v. Shankie, 159 P.2d 438 (Cal. Ct. App. 1945). “But in California a mortgage gives the mortgagee no right of possession (Civ. Code, §§2920 and 2927), nor is it deemed a conveyance or transfer of title (Code Civ.”
Schriber v. Alameda Cnty.-East Bay Title Ins., 320 P.2d 82 (Cal. Ct. App. 1958). “This was merely a circuitous means of securing the debt by conveyance to a third person.”
Show all 26 citing cases →
— Cal. Civil Code § 2920(a) — 1 case
First Fed. Bank v. Cogar (In Re Cogar), 210 B.R. 803 (9th Cir. BAP 1997). “See Cal. Civ.Code §§ 2920(a), 2924c(a)(l), 2927 (West 1993 & Supp.”
— Cal. Civil Code § 2920(b) — 1 case
David Merritt v. Countrywide Fin. Corporat, 759 F.3d 1023 (9th Cir. 2014). “4 Initially, the Merritts’ Countrywide agent had told them, “I can pretty much guaranty you that we can get you in your new home for $1800 per month and possibly even as low as $1,500.”
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