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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 5§ 8456 Construction Loan Priority Rules

§ 8456 Construction Loan Priority Rules

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

§ 8456 Construction Loan Priority Rules

Key Takeaways

  • •This rule is about construction loans where the bank can take your house if you don't pay back the loan.
  • •If the bank gives you extra money for building costs, that extra money is treated the same as the original loan.
  • •The bank can only give you extra money up to the total amount of the original loan.

Example

You take a loan to build a house, and the bank says they will lend you $200,000. Later, you need an extra $20,000 for unexpected costs like buying better materials.

The bank can give you that extra $20,000, and it will be treated the same as the original $200,000 loan. But the bank cannot give you more than the original $200,000 total.

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

Official Source
View on CA.gov

§ 8456 Construction Loan Priority Rules

(a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter. (b) An optional advance of funds by the construction lender that is used for construction costs has the same priority as a mandatory advance of funds by the construction lender, provided that the total of all advances does not exceed the amount of the original 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 loanmortgage or deed of trustpriorityoptional advancemandatory advanceoriginal construction loan

Related Statutes

  • § 8450 Mechanic'S Lien Priority Rules
  • § 1917.050 Borrower Capital Improvement Costs
  • § 4625 Community Apartment Ownership Transfer
  • § 4630 Condominium Common Area Transfers
  • § 4635 Common Area Transfer Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8456.
View Official Source