TITLE 14. LIEN
CHAPTER 1. LIENS IN GENERAL
Article 2. Creation of Liens
California Civil Code Section 2881-2885
2881. A lien is created:
1. By contract of the parties; or,
2. By operation of law.
2882. No lien arises by mere operation of law until the time at
which the act to be secured thereby ought to be performed.
2883. (a) An agreement may be made to create a lien upon property
not yet acquired by the party agreeing to give the lien, or not yet
in existence. In that case the lien agreed for attaches from the
time when the party agreeing to give it acquires an interest in the
thing, to the extent of such interest.
(b) For purposes of subdivision (a), an agreement by a beneficiary
of an estate that is subject to administration, as provided in
Division 7 (commencing with Section 7000) of the Probate Code, to
create a lien upon real property in the estate that is undistributed
at the time the agreement is entered into, shall create no lien upon
the real property unless and until the real property is distributed
to that beneficiary. Upon recordation of an order confirming the
sale of the real property pursuant to Section 10313 of the Probate
Code and the recording of a duly executed deed in accordance
therewith, any expectancy of a lien in the real property under the
agreement shall be extinguished.
2884. A lien may be created by contract, to take immediate effect,
as security for the performance of obligations not then in existence.
2885. Any state agency, upon recording a state tax lien against
real property, shall mail written notice of the recordation to the
tax debtor, unless previous correspondence mailed to the address of
record was returned undelivered with no forwarding address. Failure
to notify the tax debtor shall not affect the constructive notice
otherwise imparted by recordation, nor shall it affect the force,
effect, or priority otherwise accorded such tax lien.
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