Section 1301 Of Chapter 9. Authorizations For Banks From California Financial Code >> Division 1.1. >> Chapter 9.
1301
. (a) Notwithstanding Section 726 of the Code of Civil
Procedure or any other provision of law to the contrary, a state or
nationally chartered bank, its subsidiaries or affiliates transacting
business in this state, or any successor in interest thereto, that
originates, acquires, or purchases, in whole or in part, any loan
secured directly or collaterally, in whole or in part, by a mortgage
or deed of trust on real property, or any interest therein, may bring
an action for recovery of damages, including exemplary damages not
to exceed 50 percent of the actual damages, against a borrower where
the action is based on fraud under Section 1572 of the Civil Code and
the fraudulent conduct by the borrower induced the original lender
to make that loan.
(b) The provisions of this section shall not apply to loans
secured by single-family, owner-occupied residential real property,
when the property is actually occupied by the borrower as represented
to the lender in order to obtain the loan and the loan is for an
amount of one hundred fifty thousand dollars ($150,000) or less, as
adjusted annually, commencing on January 1, 1987, to the Consumer
Price Index as published by the United States Department of Labor.
(c) Any action maintained under this section for damages shall not
constitute a money judgment for deficiency or a deficiency judgment
within the meaning of Section 580a, 580b, or 580d of the Code of
Civil Procedure.