“Finance lender” includes any person who is engaged in the business of making consumer loans or making commercial loans. The business of making consumer loans or commercial loans may include lending money and taking, in the name of the lender, or in any other name, in whole or in part, as security for a loan, any contract or obligation involving the forfeiture of rights in or to personal property, the use and possession of which property is retained by other than the mortgagee or lender, or any lien on, assignment of, or power of attorney relative to wages,
salary, earnings, income, or commission.
It is the intent of the Legislature that the definition of finance lender shall be interpreted to include a personal property broker as referenced in Section 1 of Article XV of the California Constitution.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1968–2023 · leading case:
Endler v. Schutzbank, 436 P.2d 297 (Cal. 1968).
Endler v. Schutzbank, 436 P.2d 297 (Cal. 1968).
· cites it 2× “, as security for such loan, any contract or obligation involving the forfeiture of rights in or to personal property, the use and possession of which property is retained by other than the mortgagee or lender, or any lien on, assignment of, or power of attorney relative to…”
Belyea v. GreenSky, Inc., No. 3:20-cv-01693 (N.D. Cal. Dec. 15, 2023).
· cites it 3× “14 Cal. Fin. Code § 22009 . 15 “[A]ccept[ing] the factual allegations of the complaint as true and constru[ing] them in the 16 light most favorable to the plaintiff[s],” Interpipe Contracting, Inc.”
BlockFi Inc., No. 22-19361 (Bankr. D.N.J. Aug. 29, 2023).
“Cal. Fin. Code § 22009 (emphasis added). Gerro points to both the language of California’s Financing Law (“CFL”) and certain deficiencies in BlockFi’s CFL License Application identified by the Department of Business Oversight (the “Department”) in an April 18, 2018 letter.”
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