(a)Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosure commenced, power of sale exercised, or any other means asserted after, the later of the following times:
(1)If the final maturity date or the last date fixed for payment of the debt or
performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date.
(2)If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the recorded evidence of indebtedness, or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, 60 years after the date the instrument that created the security interest was recorded.
(3)If a notice of intent to preserve the security interest is recorded within the time prescribed in paragraph (1) or (2), 10 years after the date the notice is recorded.
(b)For the purpose of this section, a power of sale is deemed to be exercised upon recordation of the deed executed pursuant to the power of sale.
(c)The times prescribed in this section may be extended in the same manner and to the same extent as a waiver made pursuant to Section 360.5 of the Code of Civil Procedure, except that an instrument is effective to extend the prescribed times only if it is recorded before expiration of the prescribed times.
Notes of Decisions
Bank of New York Mellon v. Citibank, N.A., 8 Cal. App. 5th 935 (Cal. Ct. App. 2017).
· cites it 2× “Appellant opposed the demurrer, arguing that Citibank West’s lien was discharged by operation of law, that there was no actual controversy until respondent claimed priority in 2011 and appellant discovered its claims for fraud and unjust enrichment, and that the 10- or 60-year…”
Curry v. US, Small Bus. Admin., 679 F. Supp. 966 (N.D. Cal. 1987).
· cites it 2× “” Cal.Civ.Code § 882.020 (emphasis added). The statute also makes clear the effect of the expiration of a mortgage or deed of trust: “Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien…”
Huntington v. McCarty, 807 A.2d 950 (Vt. 2002).
“1948) (where no statute specifically provides “[t]he power of sale under a deed of trust may be exercised after an action on the principal obligation is barred”), superseded by statute, Cal. Civil Code § 882.020 (a)(1) (cum. supp.”
Schelb v. Stein, 190 Cal. App. 4th 1440 (Cal. Ct. App. 2010).
“) Civil Code section 882.020, subdivision (a), an MRTA provision, states that where the final maturity date is ascertainable, a “deed of trust, or other instrument that creates a security interest of record in real property to secure a debt” expires 10 years from the final…”
Muhammad v. Deutsche Bank Nat'l Trust Co. CA1/4 (Cal. Ct. App. 2021).
· cites it 4× “” (Civ. Code, § 882.020, subd. (a).) In the present case, the deed of trust states that the final maturity date for full payment of Muhammad’s loan is July 1, 2034.”
Bank of New York Mellon v. Citibank (Cal. Ct. App. 2017).
· cites it 3× “Appellant opposed the demurrer, arguing that Citibank West’s lien was discharged by operation of law, that there was no actual controversy until respondent claimed priority in 2011 and appellant discovered its claims for fraud and unjust 5 enrichment, and that the 10- or 60-year…”
Robin v. Crowell (Cal. Ct. App. 2020).
· cites it 2× “(Civ. Code, § 882.020, subd. (a).) Civil Code section 2911 has been interpreted to extinguish only the lien of the deed of trust, i.”
Nilson v. White CA4/1 (Cal. Ct. App. 2021).
· cites it 2× “(Civ. Code, § 882.020. subd. (a).) The expiration of the lien renders it unenforceable by any means.”
Mahmood v. Odinma CA1/3 (Cal. Ct. App. 2022).
· cites it 2× “The Mahmoods demurred to the Odinmas’ cross-complaint and moved to strike the cross-complaint’s references to the 2004 DOT on the grounds that (1) the lien created by the 2004 DOT had already expired pursuant to Civil Code section 882.020, subdivision (a),2 and (2) the Odinmas…”
Hopper v. Lawyers Title Ins. Co. CA2/4 (Cal. Ct. App. 2014).
· cites it 3× “5 Civil Code section 882.020, subdivision (a)(1) states: “(a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien…”
Tharp Fam. Ltd. P'ship v. Cnty. of Tulare CA5 (Cal. Ct. App. 2014).
· cites it 3× “Civil Code section 882.020, enacted in 1982, sets an outer time limit for the enforcement of deeds of trust and mortgages even when the general statute of limitations might have been extended.”
— Cal. Civil Code § 882.020(a) — 1 case
— Cal. Civil Code § 882.020(a)(2) — 2 cases
Curry v. US, Small Bus. Admin., 679 F. Supp. 966 (N.D. Cal. 1987).
“” Cal.Civ.Code § 882.020 (emphasis added). The statute also makes clear the effect of the expiration of a mortgage or deed of trust: “Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien…”
— Cal. Civil Code § 882.020(a)(3) — 1 case
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