Legal Question in Real Estate Law in California
real estate mortgage prepayments re: commercial loan?
Whether or not Sections 2953 and 2954 (b)2 of the Calif.Civil Code are applicable to commercial mortgage loan prepayment
1 Answer from Attorneys
Re: real estate mortgage prepayments re: commercial loan?
Sections 2953 and 2954(b)(2) seem to apply to all mortgage loans. However, as I read these sections, they say nothing about prepayment.
The provisions limiting prepayment penalties seem to be in 2954.9 and 2954.11 of the Civil Code and 10242.6 of the Business and Professions Code, and these sections seem to apply only to 1-to-4 unit residential property loans.
Also, Miller & Starr's treatise on real estate law seems to confirm that there are no restrictions on prepayment penalties in commercial loan transactions. I hope this answers your question.