California Codes
Cal. Civil Code § 2922 (2026)
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 13
cases, 1884–2020 · leading case: Granadino v. Wells Fargo Bank, N.A., 236 Cal. App. 4th 411 (Cal. Ct. App. 2015).
Granadino v. Wells Fargo Bank, N.A., 236 Cal. App. 4th 411 (Cal. Ct. App. 2015). “(Civ. Code, § 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”].”
Clayton Dev. Co., Inc. v. Falvey, 206 Cal. App. 3d 438 (Cal. Ct. App. 1988). “Civil Code section 2922 provides: “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.”
Swiss Bank Corp. v. Van Ness Assocs., Ltd. (In Re Van Ness Assocs., Ltd.), 173 B.R. 661 (Bankr. N.D. Cal. 1994). “§ 1:58 (Bancroft-Whitney 1989); Cal.Civ. Code § 2922. California law requires that such a grant be in writing and signed by the grantor.”
Porter v. Muller, 4 P. 531 (Cal. 1884). “(Civ. Code, § 2922.) The last clause of the finding thirteen cannot be construed as a finding that he agreed to pay the whole of the three thousand dollar note as part consideration for the occupancy of plaintiff’s share of the land.”
Lovelady v. Bryson Escrow, Inc., 94 Cal. Daily Op. Serv. 5919 (Cal. Ct. App. 1994). “*30 Civil Code section 2922 provides that a mortgage must be in writing, and “executed with the formalities required in the case of a grant of real property.”
Kaiser Indus. Corp. v. Taylor, 17 Cal. App. 3d 346 (Cal. Ct. App. 1971). “Civil Code section 2922 states that “[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.”
Brown v. CitiMortgage CA2/4 (Cal. Ct. App. 2016). “” (Civ. Code, § 2922.) An agreement to modify a contract subject to the statute of frauds is itself subject to the statute of frauds.”
Martin v. Wells Fargo Bank, N.A. (N.D. Cal. 2020). “8 Cal. Civ. Code § 2922 (“A mortgage can be created, renewed, or extended, only by writing, 9 executed with the formalities required in the case of a grant of real property.”
Martin v. Wells Fargo Bank, N.A. (N.D. Cal. 2020). “Cal. Civ. Code § 2922 (“A mortgage can be created, renewed, or extended, only by 13 writing, executed with the formalities required in the case of a grant of real property.”
Martin v. Wells Fargo Bank, N.A. (N.D. Cal. 2020). “Cal. Civ. Code § 2922 (“A mortgage can be created, renewed, or extended, only by 13 writing, executed with the formalities required in the case of a grant of real property.”
Haroutunian v. GMAC Mortg. CA2/1 (Cal. Ct. App. 2013). “Code, § 1624; Civ. Code, § 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”].”
Renteria v. Gutierrez CA5 (Cal. Ct. App. 2014). “” (Civ. Code, § 2922.) A mortgage comes within the statute of frauds.”
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