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HomeFinancial CodeDiv. 9Ch. 2Art. 3§ 22312 Loan Collateral Agreement Limits

§ 22312 Loan Collateral Agreement Limits

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

§ 22312 Loan Collateral Agreement Limits

Key Takeaways

  • •When you take a loan, the lender can't force you to sign extra agreements to sell stuff as backup for the loan.
  • •The only backup stuff allowed is what you agree to give (like your car or house) if you can't pay back the loan.
  • •Insurance for the loan (like if you get sick or die) is okay and not against this rule.

Example

You take a loan to buy a car, and the bank says you must sign a paper saying you'll sell your bike to them if you miss a payment.

The bank can't make you do this. They can only take the car if you don't pay, not your bike or other stuff unless you agree in the loan papers.

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

Official Source
View on CA.gov

§ 22312 Loan Collateral Agreement Limits

No person in connection with or incidental to the making of a loan shall require the borrower to enter into any collateral sales agreements or contracts, other than the contract of pledge, assignment, or mortgage or personal property, or if otherwise permitted by this division, the deed of trust, mortgage, or lien on real property, by the borrower to the lender as security for the repayment of the loan and charges on the loan. Insurance of the type specified in Section 22313, credit life insurance, and credit disability insurance are not prohibited by this section. (Added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.)

Last verified: January 23, 2026

Key Terms

collateral sales agreementscontract of pledgeassignmentmortgagepersonal propertydeed of trustlien on real propertycredit life insurancecredit disability insurance

Related Statutes

  • § 22330 Loan Security Restrictions
  • § 18270 Loan Security Agreements
  • § 22329.5 Vehicle Repossession Notice Requirements
  • § 1487 Bank Loan Default Enforcement
  • § 1488 Bank Control Of Insurance Proceeds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 22312.
View Official Source