Amended by Stats. 2018, Ch. 90, Sec. 1. (SB 1139) Effective January 1, 2019.
(a)For purposes of this section, the following definitions apply:
(1)“Beneficiary” has the same meaning as defined in Section 2943.
(2)“Borrower’s Instruction to Suspend and Close Equity Line of Credit” means the instruction described in subdivision (c), signed by the borrower or
borrowers under an equity line of credit.
(3)“Entitled person” has the same meaning as defined in Section 2943.
(4)“Equity line of credit” means a revolving line of credit used for consumer purposes, which is secured by a mortgage or deed of trust encumbering residential real property consisting of one to four dwelling units, at least one of which is occupied by the borrower.
(5)“Payoff demand statement” has the same meaning as defined in Section 2943.
(6)“Suspend” means to prohibit the borrower from drawing on, increasing, or incurring any additional principal debt on the equity line of credit.
(b)Notwithstanding paragraph (5) of subdivision (a) of Section 2943, a payoff demand
statement issued by a beneficiary in connection with an equity line of credit shall include an email address, fax number, or mailing address designated by the beneficiary for delivery of the Borrower’s Instruction to Suspend and Close Equity Line of Credit by the entitled person.
(c)Upon receipt from an entitled person of a Borrower’s Instruction to Suspend and Close Equity Line of Credit, that has been prepared and presented to the borrower by the entitled person and signed by a borrower, a beneficiary shall suspend the equity line of credit for a minimum of 30 days. A Borrower’s Instruction to Suspend and Close Equity Line of Credit shall be effective if made substantially in the following form and signed by the borrower:
(d)When a beneficiary is in receipt of both a Borrower’s Instruction to Suspend and Close Equity Line of Credit and payment in accordance with the payoff demand statement
as set forth in Section 2943, the beneficiary shall do all of the following:
(1)Close the equity line of credit.
(2)Release or reconvey the property securing the equity line of credit, as provided by this chapter.
(e)The beneficiary may conclusively rely on the Borrower’s Instruction to Suspend and Close Equity Line of Credit provided by the entitled person as coming from the borrower.
(f)This section shall become operative on July 1, 2015.
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