California Origination Reference Guide

Note: California AB 1284 Amends the Name of the "California Finance Lenders Law" to the "California Financing Law", October 4, 2017

CitationTopicRequirement
Home Equity Disclosure Act / Cal. Civ. Code §2971

Addendum to Home Equity Line of Credit Application

A lender must provide an applicant for a home equity loan with a disclosure in either of the following forms: (1) the statement: “This home equity loan that you are applying for will be secured by your home and your failure to repay the loan for any reason could cause you to lose your home!”; or (2) a statement to the effect that a home equity loan is secured by a lien against the home of the applicant and in the event of any default the applicant risks the loss of the home. The disclosure must be provided at the time the applicant makes an initial application for a home equity loan or within 3 days, if the applicant applies by mail or telephone. The disclosure must be made on a separate document attached to or accompanying the application, or as a clear and conspicuous statement in the application. If the lender must provide a similar disclosure to comply with federal law, compliance with the federal requirement will be sufficient for purposes of California law.
Credit Transactions Regarding Women / Cal. Civ. Code §1812.30(j)

Addendum to Residential Mortgage Loan Application - Notice of Separate Credit/Account

A lender must disclose to a credit applicant that is married that the person may apply for separate credit.
Mortgage of Real Property / Cal. Civ. Code §2948.5

Additional Per Diem Interest Charge Disclosure

A borrower shall not be required to pay interest on a principal obligation under a promissory note secured by a mortgage or deed of trust on real property improved with between one to four residential dwelling units for any period that meets any of the following requirements: (1) Is more than 1 day prior to the date that the loan proceeds are disbursed from escrow. (2) In the event of no escrow, if a request for recording is made in connection with the disbursement, is more than 1 day prior to the date the loan proceeds are disbursed to the borrower, to a third party on behalf of the borrower, or to the lender to satisfy an existing obligation of the borrower. (3) In all other circumstances where there is no escrow and no request for recording, is prior to the date funds are disbursed to the borrower, to a third party on behalf of the borrower, or to the lender to satisfy an existing obligation of the borrower. Interest may commence to accrue on the business day immediately preceding the day of disbursement, for obligations described above if both of the following occur: (1) The borrower affirmatively requests, and the lender agrees, that the disbursement will occur on Monday, or a day immediately following a bank holiday. (2) The following information is disclosed to the borrower in writing: (A) the amount of additional per diem interest charged to facilitate disbursement on Monday or the day following a holiday, as the case may be, and (B) that it may be possible to avoid the additional per diem interest charge by disbursing the loan proceeds on a day immediately following a business day. This disclosure shall be provided to the borrower and acknowledged by the borrower by signing a copy of the disclosure document prior to placing funds in escrow.
Loan of Money / Cal. Civ. Code §1916.7

Adjustable-Payment, Adjustable-Rate Loan Disclosure

An applicant for an adjustable-rate, adjustable-payment loan must be given, at the time the applicant requests an application, an Adjustable-Payment, Adjustable-Rate Loan Disclosure. Note that persons licensed under the Residential Mortgage Lending Act (RMLA) and the Financing Law (FLL) are required to make adjustable-payment, adjustable-rate mortgages pursuant to Cal. Civ. Code §1916.7. Persons licensed under the Real Estate Law may make adjustable-payment, adjustable-rate mortgages pursuant to either Cal. Civ. Code §1916.7 or §1916.5.

Real Estate Regulations / Cal. Bus. & Prof. Code §10145

Cal. Admin. Code tit. 10 §2970

Advance Fee Agreement

If a borrower pays a fee, such as a loan commitment fee, prior to the broker performing services, the broker must have the borrower sign an advance fee agreement.
Financing Law / Cal. Fin. Code §22317.2

Automated Valuation Model (AVM) Disclosure

In a loan transaction secured by real property in which an AVM is used, a licensee must provide notice to a borrower of the borrower's right to receive a copy of the AVM result, provided he or she has paid a fee for the AVM. The notice must be provided no later than 15 days after receipt of a written application, must be at least 10-point boldface type, and must be a separate document in a form that the borrower may retain. This does not apply to AVM results obtained by a licensee on property owned by the licensee, nor to AVMs obtained by the licensee in anticipation of modifying any existing loan agreement if the licensee does not charge for the use of the AVM.
Real Estate Regulations / Cal. Bus. & Prof. Code §10241.4

Balloon Disclosure Regarding Extension of Credit

Term < 6 years balloon loan prohibited. Prior to a borrower signing a loan agreement which provides for a balloon payment, if any agreement includes a promise or representation to extend or seek the extension of the term of the loan or refinancing of the loan, and the promise is not set forth in the promissory note evidencing the loan or in a rider to that note, the promise must be in writing and the following notice must be provided to the borrower (in at least 10-point boldface capitalized type): AS THIS LOAN PROVIDES FOR A BALLOON PAYMENT, SEE THE MORTGAGE LOAN DISCLOSURE STATEMENT/LOAN ESTIMATE (or insert GOOD FAITH ESTIMATE, as applicable) FOR IMPORTANT INFORMATION ON BALLOON PAYMENTS. ALSO, REFER TO THE LOAN DOCUMENTS AND THIS EXTENSION AGREEMENT FOR YOUR SPECIFIC RIGHTS AND OBLIGATIONS. The notice must also contain (in at least 10-point boldface capitalized type, one of the following statements, depending on which statement best describes the transaction): (1) THE LENDER OR NOTEHOLDER HAS AGREED TO AN EXTENSION, REFINANCING, OR RENEGOTIATION OF THE TERMS OF THIS LOAN, AND THE LENDER'S OR NOTEHOLDER'S SIGNED AGREEMENT IS ATTACHED (or the notice may describe the method used to furnish that signed document); or (2) THE BROKER, ____________ (insert name of broker making or arranging the loan), HAS AGREED TO USE HIS OR HER BEST EFFORTS TO OBTAIN A FUTURE EXTENSION, REFINANCING, OR RENEGOTIATION OF THE LOAN BY THE LENDER OR NOTE OWNER. THERE CAN BE NO ASSURANCE OR GUARANTEE THAT THE LENDER OR NOTE OWNER WILL AGREE.
Financing Law / Cal. Fin. Code §22333

Blank Spaces

A licensee may not take documents from the borrowers which have blanks left to be filled in after execution.
Residential Mortgage Lending Act / Cal. Fin. Code §50204(e)

Blank Spaces

A licensee may not obtain or induce an agreement or other instrument in which blanks are left to be filled in after execution.
Financing Law / Cal. Fin. Code §22337

Broker Participation & Charges Disclosure

The finance lender shall obtain from the borrower a signed statement as to whether any person has performed any act as a broker in connection with the making of the loan (see "Broker Participation Disclosure"). If the statement discloses that a broker or other person has participated, then the finance lender shall obtain a full statement of all sums paid or payable to the broker or other person. The finance lender shall keep these statements for a period of 3 years from and after the date the loan has been paid in full, or has matured according to its terms, or has been charged off.
Real Estate Regulations / Cal. Bus. & Prof. Code §10241.2

Broker-Controlled Funds Disclosure

If the loan is secured by a 1st deed of trust in a principal amount of less than $30,000 or secured by a junior lien on dwellings in a principal amount of less than $20,000, and the broker is using its own funds, this disclosure must be provided not later than the next business day after making the election, but must be before the close of escrow. Applies to licensees under the RMLA also (Cal. Fin. Code . §50703)
Residential Mortgage Lending Act / Cal. Fin. Code §50203(a)

Commitment Letter (Optional)

If a licensee accepts a commitment fee, the commitment must be in writing and signed by the licensee and the borrower. The commitment must contain all of the following information: (1) The terms and conditions of the residential mortgage loan; (2) the terms and conditions of the commitment, including, but not limited to, all of the following: (a) the time period during which the commitment is irrevocable and may be accepted by the borrower, which period may not be less than three (3) calendar days from the date of commitment or the date of mailing whichever is later; (b) the amount and payment terms of the commitment fee, along with a statement disclosing whether the fee is refundable and the terms and conditions necessary to obtain a refund; (c) the expiration date of the commitment; (d) conditions which must be fulfilled in order to close the loan.
Financial Code / Cal. Fin. Code §4973(k)

Consumer Caution and Homeownership Counseling Notice

A covered loan may not be made unless the Consumer Caution and Homeownership Counseling Notice, written in 12-point font or larger, has been provided to the borrower no later than 3 business days prior to signing of the loan documents of the transaction:

Real Estate Regulations / Cal. Bus. & Prof. Code §10241.3

Cal. Fin. Code §50703

Copy of Appraisal

REL - For a 1st lien loan of less than $30,000 or a junior lien loan of less than $20,000, if a borrower is charged a fee for an appraisal, a copy of the appraisal report must be provided to both the borrower and the lender at or before the closing of the loan transaction. RMLA - For a 1st lien loan of less than $30,000 or a junior lien loan of less than $20,000, if the borrower is charged a fee for an appraisal, a copy of the appraisal report must be given to the borrower at or before the closing of the loan transaction.
Reverse Mortgages / Cal. Civ. Code §1923.5

Counseling Checklist

In addition to the Important Notice to Reverse Mortgage Loan Applicant, a reverse mortgage loan application must not be taken unless the lender provides the prospective borrower (prior to the time the prospective borrower meets with a counseling agency) a written checklist of items the prospective borrower should discuss with the agency counselor. For listing of items/issues see citation. The checklist must be in 12-point type or larger. In the event that the prospective borrower seeks counseling prior to requesting a reverse mortgage loan application from the reverse mortgage lender, the counseling agency must provide the prospective borrower with the above written checklist. The above checklist must be signed by the agency counselor (if the counseling is done in person) and by the prospective borrower and returned to the lender along with the certification of counseling. The loan application may not be approved until the signed checklist is provided to the lender. A copy of the checklist must be provided to the borrower.

Financial Code & Department of Business Oversight Regulations / Cal. Fin. Code §1436(d)

Cal. Code Regs. tit. 10, §1950.314.8

Department of Corporations

Comparison of Sample Mortgage Features: Typical Mortgage Transactions

Must be issued within 3 business days after receipt of a completed application for a nontraditional loan or an adjustable rate loan that is subject to the Subprime Statement and Guidance.
Department of Business Oversight Regulations / Cal. Code Regs. tit. 10, §1950.204

Document Copies Notice

The applicant or borrower shall be provided a copy of the loan documents. Forms furnished for application by mail should be accompanied by a clear and conspicuous statement, or separate statement or notice, declaring that it is the responsibility of the applicant or borrower to obtain machine copies before mailing the signed documents back to the licensee.
Mortgages in General / Cal. Civ. Code §2924.5

Due on Sale Clause

A due-on-sale clause must be stated in both the note and the deed of trust in order to be enforceable.
Mortgage of Real Property / Cal. Civ. Code §2955.1

Earthquake Insurance Notice for Condominium Projects

Required by any lender originating a loan secured by the borrower's separate interest in a condominium project, which requires earthquake insurance or imposes a fee or any other condition in lieu thereof pursuant to an underwriting requirement imposed by an institutional third-party purchaser, as soon as practicable.

Residential Mortgage Lending Act, Financing Law & Real Estate Law / Cal. Health & Saf. Code §35830

Cal. Code Regs. tit. 21, §7114

Fair Lending Notice

All lenders must provide loan applicants with a Fair Lending Notice at the time a borrower submits a written loan application. The notice must contain the name and address of the state agency which regulates the particular type of lender involved.
Financing Law / Cal. Fin. Code §22337(f)

Finance Lender Disclosure

Before a licensee accepts any fee or any signed document instrument from a borrower, the licensee must give the borrower a statement showing the name, address, and license number of the finance lender.
Financing Law / Cal. Fin. Code §22337

Finance Lender Statement

The lender shall (a) Deliver or cause to be delivered to the borrower, or any one thereof, at the time the loan is made, a statement showing in clear and distinct terms the name, address, and license number of the finance lender and the broker, if any. The statement shall show the date, amount, and maturity of the loan contract, how and when repayable, the nature of the security for the loan, if any, and the agreed rate of charge or the annual percentage rate pursuant to Regulation Z (12 C.F.R. 1026).
Manner of Creating Contracts / Cal. Civ. Code §1632

Foreign Language Disclosures

If a loan transaction is negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, the lender must provide a translation of the disclosures required by Regulation Z to the borrower prior to the borrower signing the note and loan agreement in the language in which the contract or agreement was negotiated. This requirement applies only to loans or extension of credit for use primarily for personal, family, or household purposes, and includes reverse mortgages.
Mortgage of Real Proeprty / Cal. Civ. Code §2955.5

Hazard Insurance Disclosure

No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property. A lender shall disclose to a borrower this in writing, as soon as practicable, but before execution of any note or security documents.
Reverse Mortgages / Cal. Civ. Code §1923.2

HUD Counselor Listing & Certificate

A lender must provide a prospective borrower with a list of at least 10 counseling agencies approved by HUD to engage in reverse mortgage counseling. The lender may not accept a final and complete application for a reverse mortgage loan from a prospective borrower or assess any fees without first receiving a certification that the prospective borrower has received counseling from a HUD approved counseling agency and that the counseling was conducted in person, unless the certification specifies that the applicant elected to receive the counseling in a manner other than in person. The certification must include: (1) the signatures of both the borrower and the agency counselor; (2) the date of the counseling; and (3) the name, address, and telephone number of both the counselor and the borrower. Electronic facsimile copy of the housing counseling certification satisfies this requirement. The lender must maintain the certification in an accurate, reproducible, and accessible format for the term of the reverse mortgage.
Mortgage of Real Property / Cal. Civ. Code §2954

Impound Account Election

Duplicate. The parties may mutually agree to establish an escrow, so long as the lender provides a statement to the borrower prior to execution of the loan documents, that the escrow is not a condition of funding, and indicating whether or not interest will be paid on the escrow account.
Residential Mortgage Lending Act / Cal. Fin. Code §50701

Mortgage Broker Agreement

As soon as practical after a borrower requests that a residential mortgage lender arrange a loan to be made by another institutional lender (and before the mortgage lender performs brokerage services for the borrower), the mortgage lender and borrower must enter into a written loan brokerage agreement. The loan brokerage agreement must be signed and dated by both the mortgage lender's representative (who must be a licensed mortgage loan originator) and the borrower. There are a number of requirements associated with this disclosure, see citations for specific requirements.
Residential Mortgage Lending Act / Cal. Fin. Code §50703

Mortgage Loan Disclosure Statement

For a 1st lien loan of less than $30,000 or a junior lien loan of less than $20,000, a licensee must comply with the Mortgage Loan Disclosure Statement and broker-controlled funds requirements of the Real Estate Law. There are 3 different versions of this disclosure promulgated by the BRE: Traditional Loan, Alternative Form and Non-Traditional Loan. The BRE has issued an advisory concerning the use of the Loan Estimate in lieu of issuing this disclosure. In order to use the Loan Estimate, it must executed by the consumer and there are additional disclosure requirements that must be issued simultaneously (see the Loan Estimate Disclosure Addition disclosure in the disclosure matrix, and also see the advisory issued by the BRE for specifics).
Real Estate Regulation / Cal. Bus. & Prof. Code §10240

Mortgage Loan Disclosure Statement

Within 3 business days after receipt of a completed written loan application, or before the borrower signs any documents obligating the borrower to repay a loan, whichever is earlier, a broker must provide a Mortgage Loan Disclosure Statement to the borrower. There are 3 different versions of this disclosure promulgated by the BRE: Traditional Loan, Alternative Form and Non-Traditional Loan. The BRE has issued an advisory concerning the use of the Loan Estimate in lieu of issuing this disclosure. In order to use the Loan Estimate, it must executed by the consumer and there are additional disclosure requirements that must be issued simultaneously (see the Loan Estimate Disclosure Addition disclosure in the disclosure matrix, and also see the advisory issued by the BRE for specifics).
Financial Code / Cal. Fin. Code §4973(c)

Negative Amortization Disclosure

If a first lien covered loan contains a provision for negative amortization such that the payment schedule for regular monthly payments causes the principal balance to increase, the person who originates the loan must disclose to the borrower that the loan contains a negative amortization provision that may add principal to the balance of the loan. A subordinate lien covered loan may not contain a provision for negative amortization.

Residential Mortgage Lending Act, Financing Law & Real Estate Law / Cal. Fin. Code §22347

Cal. Fin. Code §50209

Cal. Bus. & Prof. Code §10140.6(c)

NMLS Unique Identifier

RMLA, FLL - The NMLS unique identifier of any licensed mortgage loan originator must be clearly shown on all residential mortgage loan application forms, solicitations, or advertisements, including business cards or Internet Web sites, and any other documents as established by rule, regulation, or order of the Commissioner. REL - A real estate licensee that is also a mortgage loan originator must disclose the licensee's license identification number and Nationwide Mortgage Licensing System unique identifier on all solicitation materials intended to be the first point of contact with consumers and on real property purchase agreements when acting as an agent in those transactions. “Solicitation materials intended to be the first point of contact with consumers” includes business cards, stationery, advertising fliers, and other materials designed to solicit the creation of a professional relationship between the licensee and a consumer, and excludes an advertisement in print or electronic media and “for sale” signs.
Consumer Credit Transactions / Cal. Civ. Code §1799.91

Notice to Cosigner

Unless the persons are married to each other, each creditor who obtains the signature of more than one person on a consumer credit contract shall deliver to each person who does not in fact receive any of the money, property, or services which are the subject matter of the consumer credit contract, prior to that person's becoming obligated on the consumer credit contract, a notice in English and Spanish in at least 10-point type. See citation for required content.
Reverse Mortgages / Cal. Civ. Code §1923.5(a)

Notice to Reverse Mortgage Loan Applicant

A reverse mortgage loan application must not be taken by a lender unless the loan applicant has received from the lender the Important Notice to Reverse Mortgage Loan Applicant advising the prospective borrower about counseling prior to obtaining the reverse mortgage loan. The notice must be in 16 point font or larger.
Requirements on Users of Consumer Credit Reports / Cal. Civ. Code §1785.20.2

Notice to the Home Loan Applicant

If a lender uses a credit score to determine whether to make a loan secured by residential real property, the lender must provide the Notice to the Home Loan Applicant as soon as reasonably practical.
Financing Law / Cal. Fin. Code §22457

Open-End Loan Agreement Content

An open-end loan agreement must contain the name, address and license number of the finance lender and must disclose the nature of the security taken, the method of determining the minimum payments that will be required to repay the initial advance any subsequent advances on the loan, and the agree rate of charge.
Mode of Transfer / Cal. Civ. Code §1057.6

Owner Title Insurance Notice

In an escrow transaction for the purchase or simultaneous exchange of real property, if a policy of title insurance will not be issued to the buyer or to the parties to the exchange, the following notice must be provided in a separate document to the buyer or parties exchanging real property, which must be signed and acknowledged by them: IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.
Financial Code / Cal. Fin. Code §4973(a)

Prepayment Penalty Disclosure

A covered loan may include a prepayment penalty if the person who originates the covered loan has also offered the borrower a choice of another product without a prepayment penalty. At least 3 business days prior to the loan consummation, the person who originates the covered loan must disclose in writing to the borrower the terms of the prepayment penalty to the borrower for accepting a covered loan with the prepayment penalty and the rates, points, and fees that would be available to the borrower for accepting a covered loan without a prepayment penalty. A prepayment penalty may only be charged within the first 36 months after the date of consummation of the loan and must be limited to an amount not to exceed the payment of 6 months' advance interest, at the contract rate of interest then in effect, on the amount prepaid in any 12-month period in excess of 20% of the original principal amount. The person who originates the covered loan may not finance a prepayment penalty through a new loan that is originated by the same person.
Financial Code / Cal. Fin. Code §4995.1

Prepayment Penalty Restrictions (Higher-Priced Mortgage Loans)

The maximum amount of a prepayment penalty that may be imposed by a licensed person in connection with a higher-priced mortgage loan may not exceed: (1) 2% of the principal balance prepaid, for prepayment of the loan during the first 12 months following loan consummation; or (2) 1% of the principal balance prepaid, for prepayment of the loan during the second 12 months following loan consummation.
Residential Mortgage Lending Act / Cal. Fin. Code §50203(a)

Rate Lock Agreement (Optional)

If a licensee charges a rate-lock fee, there must be a written agreement signed by the borrower and the licensee. The terms of the written agreement must include, but are not limited to: (1) The expiration date of the rate-lock fee agreement; (2) the principal amount of the mortgage loan, the term of the mortgage loan, and identification of the property; (3) the initial interest rate and the discount (points) to be paid; and (4) the amount and payment term of the rate-lock fee along with a statement disclosing whether the fee is refundable and the terms and conditions necessary to obtain a refund.
Government of Counties / §27388.1(a)(1)

Recording Fee

Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225).

  • Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following:
    • deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions.
  • The following transactional documents are excluded:
    • purchase transactions subject to a documentary transfer tax (Section 11911 of the Revenue and Taxation Co
    • any transaction subject to a transfer to an owner-occupier
Financial Code / Cal. Fin. Code §4973(f)

Repayment Ability

A person who originates covered loans may not make or arrange a covered loan unless at the time the loan is consummated, the person reasonably believes the borrower, or borrowers, when considered collectively in the case of multiple borrower, will be able to make the scheduled payments to repay the obligation based upon a consideration of their current and expected income, current obligations, employment status, and other financial resources, other than the borrower's equity in the dwelling that secures repayment of the loan. In the case of a covered loan that is structured to increase to a specific designated rate, stated as a number or formula, at a specific predetermined date not exceeding 37 months from the date of application, this evaluation must be based upon the fully indexed rate of the loan calculated at the time of application. Presumed ability to repay - at the time the loan is consummated, the borrower's total monthly debts, including amounts owed under the loan, do not exceed 55% of the borrower's monthly gross income.
Financing Law / Cal. Admin. Code tit. 10, §1452

Repayment Ability

When making or negotiating a loan, a finance lender must take into consideration the borrower's ability the repay the loan in determining the size and duration of the loan.
Financial Code / Cal. Fin. Code §4973(j)

Tangible Net Benefit (Form Optional)

A person who originates a covered loan may not refinance or arrange for the refinancing of a consumer loan such that the new loan is a covered loan that is made for the purpose of refinancing, debt consolidation or cash-out, that does not result in an identifiable benefit to the borrower, considering the borrower's stated purpose for seeking the loan, fees, interest rates, finance charges, and points.
Loan of Money / Cal. Civ. Code §1916.5

Variable Rate Loan Disclosure

For loans made Pursuant to Section 1916.5 under Real Estate Law licensing. The security document or documents must contain the following provisions: (1) a requirement that when an increase in the interest rate is required or permitted by a movement based on some standard, an identical decrease is required in the interest rate by a movement in the opposite direction of the standard; (2) the rate of interest may change not more often than once during any semiannual period, and at least 6 months must elapse between any two changes; (3) the change in the interest rate may not exceed one-fourth of 1 percent in any semiannual period, and may not result in a rate more than 2.5 percentage points greater than the rate for the first loan payment due after the closing of the loan; (4) the rate of interest may not change during the first semiannual period; (5) the borrower is permitted to prepay the loan in whole or in part without a prepayment charge within 90 days of notification of any increase in the rate of interest; and (6) a statement attached to the security document and to any evidence of debt printed or written in at least 10-point bold type, consisting of the following language: “NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE.” The above requirements apply only to a mortgage contract, deed of trust, real estate sales contract, or any note or negotiable instrument issued in connection therewith, when its purpose is to finance the purchase or construction of real property containing 4 or fewer residential units or on which 4 or fewer residential units are to be constructed. The above requirements do not apply to unamortized construction loans with an original term of 2 years or less or to loans made for the purpose of the purchase or construction of improvements to existing residential dwellings.
Administrative Code / 21 CCR §7114.1

Voluntary Information for Government Monitoring Disclosure

The CA request for Fair Lending information must be provided for all applicants upon the submission of a written application.