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HomeFinancial CodeDiv. 2Ch. 1Art. 2§ 5115 Real Estate Loan Definition

§ 5115 Real Estate Loan Definition

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

§ 5115 Real Estate Loan Definition

Key Takeaways

  • •A 'real estate loan' is money borrowed where a house or land is used as a guarantee.
  • •The house or land must be something that can be sold separately if the loan isn't paid back.
  • •The bank or lender must mostly depend on the house or land to get their money back if the borrower can't pay.
  • •If the loan is for a rented property, the rental agreement must last at least 5 years after the loan is due.

Example

You want to buy a house but don't have all the money, so you take a loan from a bank.

The bank gives you the money, but if you don't pay it back, they can take your house because it's the guarantee for the loan. The house must be something they can sell on its own, and the bank must plan to get their money back by selling the house if you can't pay.

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

Official Source
View on CA.gov

§ 5115 Real Estate Loan Definition

“Real estate loan” means a loan or other obligation secured by a lien on real estate, if: (a) The security property is real estate as defined pursuant to Section 658 of the Civil Code. (b) The security interest of the association may be enforced as a real estate mortgage, deed of trust, or its equivalent. (c) The security property is capable of separate appraisal. (d) The association relies substantially upon the real estate as primary security for the loan. (e) With regard to security property which is a leasehold or other interest for a period of years, the term of interest extends, or is subject to extension or renewal at the option of the association, for a term of at least five years following maturity of the loan. (Amended by Stats. 1984, Ch. 225, Sec. 4. Effective June 21, 1984.)

Last verified: January 23, 2026

Key Terms

securityreal estate loanobligationpropertyliendeedmortgagefine

Related Statutes

  • § 5325 Forfeiture Proceeds Distribution
  • § 4970 Definitions Covered Loan Apr
  • § 5324 Property Forfeiture Declaration
  • § 1555 Foreign Trust Company Restrictions
  • § 1572 Trust Company Security Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 5115.
View Official Source