Civil Code - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.69]
( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.69]
( Part 4 enacted 1872. ) TITLE 14. LIEN [2872 - 3081]
( Title 14 enacted 1872. ) CHAPTER 2. Mortgage [2920 - 2968]
( Chapter 2 enacted 1872. ) ARTICLE 1. Mortgages in General [2920 - 2944.10]
( Article 1 enacted 1872. ) 2920.
(a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession.
(b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or instrument, other than a deed of trust, that confers a power of sale affecting real property or an estate for years therein, to be exercised after breach of the obligation so secured, including a real property sales contract, as defined in Section 2985, which contains
such a provision.
(Amended by Stats. 1989, Ch. 698, Sec. 4.)