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HomeFinancial CodeDiv. 1.1Ch. 14Art. 3§ 1488 Bank Control Of Insurance Proceeds

§ 1488 Bank Control Of Insurance Proceeds

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

§ 1488 Bank Control Of Insurance Proceeds

This law says that if a mortgage or deed of trust lets a bank get the insurance money from a fire, flood, or other hazard, the bank can still take that money even if the damage hurts the value of the property used as security.

Key Takeaways

  • •A bank’s right to insurance proceeds is enforceable if the loan documents say so.
  • •That right stays valid even if the property’s value drops because of the damage.
  • •It applies to any state‑chartered or nationally chartered bank and to fire, flood, or other hazard insurance.

Example

A homeowner's house is badly damaged by a flood and the insurance company sends a check for the loss.

Because the mortgage paperwork gave the bank the right to receive the insurance payout, the bank can collect that check, even though the house is now damaged and the loan’s security is weaker.

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

Official Source
View on CA.gov

§ 1488 Bank Control Of Insurance Proceeds

The provisions of any deed of trust or mortgage on real property which authorize any state or nationally chartered bank to receive and control the disbursement of the proceeds of any policy of fire, flood, or other hazard insurance respecting the real property shall be enforceable whether or not an impairment of the security interest in the property has resulted from the event that caused the proceeds of the insurance policy to become payable. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 11, 2026

Key Terms

deed of trustmortgagestate or nationally chartered bankdisbursement of the proceedsfire, flood, or other hazard insurancesecurity interest

Related Statutes

  • § 1487 Bank Loan Default Enforcement
  • § 22312 Loan Collateral Agreement Limits
  • § 22330 Loan Security Restrictions
  • § 1480 Bank Loan Obligations Definition
  • § 1481 Bank Lending Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1488.
View Official Source