California Code of Civil Procedure 1265.225 – (a) Where there is a partial taking of property encumbered by a …
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(a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined by the court to be necessary to prevent an impairment of the security, and the lien shall continue upon the part of the property not taken as security for the unpaid portion of the indebtedness.
(b) Notwithstanding subdivision (a), the lienholder and the property owner may at any time after commencement of the proceeding agree that some or all of the award shall be apportioned to the lienholder on the indebtedness.
Terms Used In California Code of Civil Procedure 1265.225
- Lien: A claim against real or personal property in satisfaction of a debt.
- lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Code of Civil Procedure 1265.210
- Property: includes both personal and real property. See California Code of Civil Procedure 17
(Added by Stats. 1975, Ch. 1275.)