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 § 2936 (2026)

Mortgages in General

✓ current as of May 2026
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The assignment of a debt secured by mortgage carries with it the security.

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1969–2022 · leading case: United States v. Ruth G. Thornburg Michael D. Thornburg David Jean Thornburg Kathy Ann Northington, 82 F.3d 886 (9th Cir. 1996).
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United States v. Ruth G. Thornburg Michael D. Thornburg David Jean Thornburg Kathy Ann Northington, 82 F.3d 886 (9th Cir. 1996). “See Cal. Civ.Code § 2936 (“assignment of a debt secured by mortgage carries with it the security”); Murrell v.”
In Re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008). “By adding these unidentified mov-ants, MERS is trying to obtain relief from the automatic stay for the current note holders without disclosing to the court their existence, identities or the source of MERS’s authority to act on their behalf. This is improper.”
In Re Salazar, 448 B.R. 814 (Bankr. S.D. Cal. 2011). “Assignments Must be Recorded Before Foreclosure US Bank, as the foreclosing beneficiary and assignee of Accredited’s interest in the *820 Loan, had to meet both requirements of Civil Code section 2932.5 7 for the foreclosure to be valid.”
Domarad v. Fisher & Burke, Inc., 270 Cal. App. 2d 543 (Cal. Ct. App. 1969). “” (Civ. Code, §2936; Cockerell v. Title Ins.”
Macklin v. Deutsche Bank Nat'l Trust Co. (In re Macklin), 495 B.R. 8 (Bankr. E.D. Cal. 2013). “Adler v. Sargent, 109 Cal. 42 , 49-50, 41 P.”
U.S. Bank Nat'l Ass'n v. Friedrichs, 924 F. Supp. 2d 1179 (S.D. Cal. 2013). · cites it 2× “California Civil Code section 2936 provides that “the assignment of a debt secured by mortgage carries with it the security.”
Smith v. CitiMortgage, Inc. (In re Smith), 509 B.R. 260 (Bankr. N.D. Cal. 2014). “16, 2010); Cal. Civ. Code § 2936 (“The assignment of a debt secured by mortgage carries with it the security.”
Junod v. Mortg. Elec. Reg. Sys., Inc., 584 F. App'x 465 (9th Cir. 2014). “” Cal. Civ. Code § 2936 ; see also United States v.”
In Re Kang Jin Hwang, 393 B.R. 701 (Bankr. C.D. Cal. 2008). “(Even more complex and sophisticated arrangements involve the pooling of loans into portfolios which are then securitized to form Mortgage Backed Securities—an alchemy that is little understood by the general public, much less the wizards who practice it these days, and which…”
Watland v. Ocwen Loan Servicing CA1/5 (Cal. Ct. App. 2016). · cites it 2× “) There is no factual allegation leading to the conclusion that the note, and therefore the deed of trust, had not been assigned to DBNTC as Trustee before the 2008 Modification, regardless of the viability of the assignment documents recorded in 2011 and 2012.”
In re: Marcello Christopher Arriola (9th Cir. BAP 2016). “See Cal. Civ. Code § 2936 ; 24 Cockerell v. Title Ins.”
Donaldson v. Calif. Reconveyance Co. CA6 (Cal. Ct. App. 2016). “(Civ. Code, § 2936 [“The assignment of a debt secured by mortgage carries with it the security.”
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