Interesting California Civil Codes

Interesting California Civil Codes

By Daniel Edstrom
DTC Systems, Inc.

Those who haven’t read these should read through them for educational purposes.

California Civil Code Selections


Property of any kind may be transferred, except as otherwise provided by this Article.


A mere possibility, not coupled with an interest, cannot be transferred.


A right of reentry, or of repossession for breach of condition subsequent, can be transferred.


Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.


A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.


A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.


A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow. Continue reading "Interesting California Civil Codes"


It used to be that when a homeowner took out a mortgage, the bank held the paper.


It used to be that when a homeowner took out a mortgage, the bank held the paper.

If you had questions or needed help you simply contacted the bank.

The bank held the note and mortgage on-site and could produce this paper if they needed to payoff, foreclose or sell the loan.

When the loan was sold the note was endorsed and the mortgage assigned.

The new owner of the loan actually took possession of the note, mortgage and the assignment.

The assignment was property recorded in the county and the appropriate taxes and fees were paid for the transfer.

No other party was present and the homeowner was not confused as to who owned the loan.

Those were much simpler times.