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HomeCivil CodeDiv. 4Pt. 6Ch. 1Art. 2§ 8174 Construction Trust Deed Requirements

§ 8174 Construction Trust Deed Requirements

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8174 Construction Trust Deed Requirements

Key Takeaways

  • •If a loan is for building or fixing up a house, the paperwork must say 'Construction Trust Deed' on the front.
  • •The paperwork must also include the lender's name, the owner's name, and the property's address.
  • •If someone forgets to do this, the loan is still valid, but they might still have to follow other rules.
  • •The county must mark in their records that the loan is for construction.

Example

You take out a loan to build a new house.

The loan papers must clearly say 'Construction Trust Deed' and include your name, the bank's name, and your new house's address. If the bank forgets to write this, the loan is still okay, but they might have to fix other things.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8174 Construction Trust Deed Requirements

(a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of improvement, shall bear the designation “Construction Trust Deed” prominently on its face and shall state all of the following: (1) The name and address of the construction lender. (2) The name and address of the owner of the real property described in the instrument. (3) A legal description of the real property that secures the loan and, if known, the street address of the property. (b) Failure to comply with subdivision (a) does not affect the validity of the mortgage, deed of trust, or other instrument. (c) Failure to comply with subdivision (a) does not relieve a person required to give preliminary notice from that duty. (d) The county recorder of the county in which the instrument is recorded shall indicate in the general index of the official records of the county that the instrument secures a construction loan. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

Construction Trust Deedconstruction lenderwork of improvementpreliminary notice

Related Statutes

  • § 8172 Construction Lender Disclosure Requirement
  • § 8052 Effective Date Transition Rules
  • § 8060 Construction Lien Filing Rules
  • § 8170 Contractor Contract Owner Information
  • § 8210 Lender Notice Requirement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8174.
View Official Source