California Code of Civil Procedure

§ 749

CCP § 749Title 10 · Part 2 · Ch. 3

Statute text

(a)In an action for damages by a homeowner or trustor against a beneficiary of a trust deed on real property consisting of a single-family residence containing not more than four dwelling units, or against an assignee or successor in interest thereof, wherein it is established the trust deed was forged in whole or in part by the beneficiary, judgment may be entered for three times the amount at which the actual damages are assessed.

(b)An assignee or successor in interest of a beneficiary or a transferee of a prior assignee or of a prior successor in interest shall not be subject to treble damages unless it is established that the person purchased or obtained the deed of trust with actual knowledge of the forgery of the deed of trust.

(c)This section shall not apply to any person who does not purchase and sell four or more deeds of trust in any calendar year.

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Legislative history

Added by Stats. 1984, Ch. 1397, Sec. 1.