California Code
ARTICLE 1 - Mortgages in General
Section 2924d.

2924d. (a) (1) Commencing with the date that the notice of sale is deposited in the mail, as provided in Section 2924b, and until the property is sold pursuant to the power of sale contained in the mortgage or deed of trust, a beneficiary, trustee, mortgagee, or their agent or successor in interest may demand and receive from a trustor, mortgagor, or their agent or successor in interest or any beneficiary under a subordinate deed of trust, or any other person having a subordinate lien or encumbrance of record those reasonable costs and expenses, to the extent allowed by subdivision (c) of Section 2924c, that are actually incurred in enforcing the terms of the obligation and trustee’s or attorney’s fees that are hereby authorized to be in an amount as follows:

(A) If the unpaid principal sum secured is fifty thousand dollars ($50,000) or less, then in a base amount that does not exceed four hundred seventy-five dollars ($475).

(B) If the unpaid principal sum secured is greater than fifty thousand dollars ($50,000) but does not exceed one hundred fifty thousand dollars ($150,000), then in a base amount that does not exceed four hundred seventy-five dollars ($475) plus 1 percent of the unpaid principal sum secured exceeding fifty thousand dollars ($50,000).

(C) If the unpaid principal sum secured is greater than one hundred fifty thousand dollars ($150,000) but does not exceed five hundred thousand dollars ($500,000), then in a base amount that does not exceed four hundred ten dollars ($410) plus 1 percent of the unpaid principal sum secured exceeding fifty thousand dollars ($50,000) up to and including one hundred fifty thousand dollars ($150,000), plus one-half of 1 percent of any portion of the unpaid principal sum secured exceeding one hundred fifty thousand dollars ($150,000).

(D) If the unpaid principal sum secured exceeds five hundred thousand dollars ($500,000), then in a base amount that does not exceed four hundred ten dollars ($410) plus 1 percent of the unpaid principal sum secured exceeding fifty thousand dollars ($50,000) up to and including one hundred fifty thousand dollars ($150,000), plus one-half of 1 percent of any portion of the unpaid principal sum secured exceeding one hundred fifty thousand dollars ($150,000) up to and including five hundred thousand dollars ($500,000), plus one-quarter of 1 percent of any portion of the unpaid principal sum secured exceeding five hundred thousand dollars ($500,000).

(2) For purposes of this subdivision, the unpaid principal sum secured shall be determined as of the date the notice of default is recorded. Any charge for trustee’s or attorney’s fees authorized by this subdivision shall be conclusively presumed to be lawful and valid where that charge does not exceed the amounts authorized in this subdivision. Any charge for trustee’s or attorney’s fees made pursuant to this subdivision shall be in lieu of and not in addition to those charges authorized by subdivision (d) of Section 2924c.

(b) (1) Upon the sale of property pursuant to a power of sale, a trustee, or their agent or successor in interest, may demand and receive from a beneficiary, or their agent or successor in interest, or may deduct from the proceeds of the sale, those reasonable costs and expenses, to the extent allowed by subdivision (c) of Section 2924c, that are actually incurred in enforcing the terms of the obligation and trustee’s or attorney’s fees that are hereby authorized to be in an amount which does not exceed four hundred seventy-five dollars ($475) or 1 percent of the unpaid principal sum secured, whichever is greater. For purposes of this subdivision, the unpaid principal sum secured shall be determined as of the date the notice of default is recorded.

(2) In addition to the amounts authorized under paragraph (1), if at least one eligible tenant buyer or eligible bidder submits to the trustee either a bid or a nonbinding written notice of intent to place a bid pursuant to paragraph (2) of subdivision (c) of Section 2924m, the trustee may deduct from the proceeds of the sale trustee’s or attorney’s fees for providing services pursuant to Section 2924m that are hereby authorized to be in an amount which does not exceed two hundred dollars ($200) or one-sixth of 1 percent of the unpaid principal sum secured, whichever is greater.

(3) Any charge for trustee’s or attorney’s fees authorized by this subdivision shall be conclusively presumed to be lawful and valid where that charge does not exceed the amount authorized herein. Any charges for trustee’s or attorney’s fees made pursuant to this subdivision shall be in lieu of and not in addition to those charges authorized by subdivision (a) of this section and subdivision (d) of Section 2924c.

(c) (1) No person shall pay or offer to pay or collect any rebate or kickback for the referral of business involving the performance of any act required by this article.

(2) Any person who violates this subdivision shall be liable to the trustor for three times the amount of any rebate or kickback, plus reasonable attorney’s fees and costs, in addition to any other remedies provided by law.

(3) No violation of this subdivision shall affect the validity of a sale in favor of a bona fide purchaser or the rights of an encumbrancer for value without notice.

(d) It shall not be unlawful for a trustee to pay or offer to pay a fee to an agent or subagent of the trustee for work performed by the agent or subagent in discharging the trustee’s obligations under the terms of the deed of trust. Any payment of a fee by a trustee to an agent or subagent of the trustee for work performed by the agent or subagent in discharging the trustee’s obligations under the terms of the deed of trust shall be conclusively presumed to be lawful and valid if the fee, when combined with other fees of the trustee, does not exceed in the aggregate the trustee’s fee authorized by subdivision (d) of Section 2924c or subdivision (a) or (b) of this section.

(e) When a court issues a decree of foreclosure, it shall have discretion to award attorney’s fees, costs, and expenses as are reasonable, if provided for in the note, deed of trust, or mortgage, pursuant to Section 580c of the Code of Civil Procedure.

(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

(Amended by Stats. 2022, Ch. 642, Sec. 1. (AB 1837) Effective January 1, 2023. Repealed as of January 1, 2031, by its own provisions. See later operative version added by Sec. 2 of Stats. 2022, Ch. 642.)

Structure California Code

California Code

Civil Code - CIV

DIVISION 3 - OBLIGATIONS

PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS

TITLE 14 - LIEN

CHAPTER 2 - Mortgage

ARTICLE 1 - Mortgages in General

Section 2920.

Section 2920.5.

Section 2921.

Section 2922.

Section 2923.

Section 2923.1.

Section 2923.3.

Section 2923.4.

Section 2923.5.

Section 2923.55.

Section 2923.6.

Section 2923.7.

Section 2924.

Section 2924.1.

Section 2924.3.

Section 2924.5.

Section 2924.6.

Section 2924.7.

Section 2924.8.

Section 2924.9.

Section 2924.10.

Section 2924.11.

Section 2924.12.

Section 2924.15.

Section 2924.17.

Section 2924.18.

Section 2924.19.

Section 2924.20.

Section 2924.26.

Section 2924a.

Section 2924b.

Section 2924c.

Section 2924d.

Section 2924d.

Section 2924e.

Section 2924f.

Section 2924f.

Section 2924g.

Section 2924g.

Section 2924h.

Section 2924h.

Section 2924i.

Section 2924j.

Section 2924k.

Section 2924l.

Section 2924m.

Section 2924n.

Section 2924o.

Section 2924p.

Section 2925.

Section 2926.

Section 2927.

Section 2928.

Section 2929.

Section 2929.3.

Section 2929.4.

Section 2929.45.

Section 2929.5.

Section [2930.].

Section 2931.

Section 2931a.

Section 2931b.

Section 2931c.

Section 2932.

Section 2932.5.

Section 2932.6.

Section 2933.

Section 2934.

Section 2934a.

Section 2934b.

Section 2935.

Section 2936.

Section 2937.

Section 2937.7.

Section 2938.

Section 2939.

Section 2939.5.

Section 2940.

Section 2941.

Section 2941.1.

Section 2941.5.

Section 2941.7.

Section 2941.9.

Section 2942.

Section 2943.

Section 2943.1.

Section 2944.

Section 2944.5.

Section 2944.6.

Section 2944.7.

Section 2944.8.

Section 2944.10.