Real Property Loans
Cal. BPC § 10242
California Statutes
The maximum amount of expenses, charges and interest to be paid by a borrower with respect to any loan subject to this
article shall be as follows: (
a) The maximum amount of all costs and expenses referred to in subdivision (
a) of
Section 10241, exclusive of actual title charges and recording fees, shall not exceed percent of the principal amount of the loan or three hundred ninety dollars ($390), whichever is greater but in no event to exceed seven hundred dollars ($700), provided that in no event shall said maximum amount exceed actual costs and expenses paid, incurred or reasonably earned. (
b) The maximum amount of the charges referred to in subdivision (
b) of
Section shall not exceed the following amounts:
(1) In the case of a loan secured directly or collaterally, in whole or in part by a first trust deed, 5 percent of the principal amount of the loan where the term of the loan is a period of less than three years and percent where the term is a period of three years or more.
(2) In the case of a loan secured directly or collaterally by a trust deed other than a first trust deed, 5 percent of the principal amount of the loan where the term of the loan is a period of less than two years, 10 percent where the term is a period of two years but less than three years, and percent where the term is a period of three years or more.
(3) With respect to a further advance on a note, the charges shall not exceed the charges for an original loan in the same amount as the further advance and made for a term equal to the remaining term of the note on which the further advance is being made, including any extension thereof. (
c) No interest may be charged with respect to any period prior to the date that the proceeds of the loan are made available to the borrower or are deposited in escrow.