Section 7460 Of Article 5. Investment In Loans From California Financial Code >> Division 2. >> Chapter 6. >> Article 5.
7460
. (a) Notwithstanding Section 726 of the Code of Civil
Procedure or any other provision of law to the contrary, an
association, a federal association, an affiliate of an association or
federal association, a service corporation, 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.