Cal. Code Civ. Proc. § 749

Current through the 2023 Legislative Session.
Section 749 - Damages in action by homeowner against beneficiary of trust deed where trust deed forged by beneficiary
(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.
(d) This section shall not limit or affect the availability of punitive damages, if any, to the injured party.
(e) This section shall apply to any action filed on or after July 1, 1983, provided that any action filed prior to the effective date of this section is pending at that time in the court of original jurisdiction.

Ca. Civ. Proc. Code § 749

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