Bet you didn’t know that the spanish contract translation does not apply to trust deeds

22 May
Cause of Action for Violation of Civil Code § 1632 - Section
1632, by its terms, does not apply to loans secured by real property.
CCC § 1632(b).



(a) The Legislature hereby finds and declares all of the

following:

(1) This section was enacted in 1976 to increase consumer

information and protections for the state’s sizeable and growing

Spanish-speaking population.

(2) Since 1976, the state’s population has become increasingly

diverse and the number of Californians who speak languages other than

English as their primary language at home has increased

dramatically.

(3) According to data from the United States Census of 2000, of

the more than 12 million Californians who speak a language other than

English in the home, approximately 4.3 million speak an Asian

dialect or another language other than Spanish. The top five

languages other than English most widely spoken by Californians in

their homes are Spanish, Chinese, Tagalog, Vietnamese, and Korean.

Together, these languages are spoken by approximately 83 percent of

all Californians who speak a language other than English in their

homes.

(b) Any person engaged in a trade or business who negotiates

primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally

or in writing, in the course of entering into any of the following,

shall deliver to the other party to the contract or agreement and

prior to the execution thereof, a translation of the contract or

agreement in the language in which the contract or agreement was

negotiated, which includes a translation of every term and condition

in that contract or agreement:

(1) A contract or agreement subject to the provisions of Title 2

(commencing with Section 1801) of, and Chapter 2b (commencing with

Section 2981) and Chapter 2d (commencing with Section 2985.7) of

Title 14 of, Part 4 of Division 3.

(2) A loan or extension of credit secured other than by real

property, or unsecured, for use primarily for personal, family or

household purposes.

(3) A lease, sublease, rental contract or agreement, or other term

of tenancy contract or agreement, for a period of longer than one

month, covering a dwelling, an apartment, or mobilehome, or other

dwelling unit normally occupied as a residence.

(4) Notwithstanding paragraph (2), a loan or extension of credit

for use primarily for personal, family or household purposes where

the loan or extension of credit is subject to the provisions of

Article 7 (commencing with Section 10240) of Chapter 3 of Part 1 of

Division 4 of the Business and Professions Code, or Division 7

(commencing with Section 18000), or Division 9 (commencing with

Section 22000) of the Financial Code.

(5) Notwithstanding paragraph (2), a reverse mortgage as described

in Chapter 8 (commencing with Section 1923) of Title 4 of Part 4 of

Division 3.

(6) A contract or agreement, containing a statement of fees or

charges, entered into for the purpose of obtaining legal services,

when the person who is engaged in business is currently licensed to

practice law pursuant to Chapter 4 (commencing with Section 6000) of

Division 3 of the Business and Professions Code.

(7) A foreclosure consulting contract subject to Article 1.5

(commencing with Section 2945) of Chapter 2 of Title 14 of Part 4 of

Division 3.

(c) Notwithstanding subdivision (b), for a loan subject to this

part and to Article 7 (commencing with Section 10240) of Chapter 3 of

Part 1 of Division 4 of the Business and Professions Code, the

delivery of a translation of the statement to the borrower required

by Section 10240 of the Business and Professions Code in any of the

languages specified in subdivision (b) in which the contract or

agreement was negotiated, is in compliance with subdivision (b).

(d) At the time and place where a lease, sublease, or rental

contract or agreement described in subdivision (b) is executed,

notice in any of the languages specified in subdivision (b) in which

the contract or agreement was negotiated shall be provided to the

lessee or tenant.

(e) Provision by a supervised financial organization of a

translation of the disclosures required by Regulation M or Regulation

Z, and, if applicable, Division 7 (commencing with Section 18000) or

Division 9 (commencing with Section 22000) of the Financial Code in

any of the languages specified in subdivision (b) in which the

contract or agreement was negotiated, prior to the execution of the

contract or agreement, shall also be deemed in compliance with the

requirements of subdivision (b) with regard to the original contract

or agreement.

(1) “Regulation M” and “Regulation Z” mean any rule, regulation,

or interpretation promulgated by the Board of Governors of the

Federal Reserve System and any interpretation or approval issued by

an official or employee duly authorized by the board to issue

interpretations or approvals dealing with, respectively, consumer

leasing or consumer lending, pursuant to the Federal Truth in Lending

Act, as amended (15 U.S.C. Sec. 1601 et seq.).

(2) As used in this section, “supervised financial organization”

means a bank, savings association as defined in Section 5102 of the

Financial Code, credit union, or holding company, affiliate, or

subsidiary thereof, or any person subject to Article 7 (commencing

with Section 10240) of Chapter 3 of Part 1 of Division 4 of the

Business and Professions Code, or Division 7 (commencing with Section

18000) or Division 9 (commencing with Section 22000) of the

Financial Code.

(f) At the time and place where a contract or agreement described

in paragraph (1) or (2) of subdivision (b) is executed, a notice in

any of the languages specified in subdivision (b) in which the

contract or agreement was negotiated shall be conspicuously displayed

to the effect that the person described in subdivision (b) is

required to provide a contract or agreement in the language in which

the contract or agreement was negotiated, or a translation of the

disclosures required by law in the language in which the contract or

agreement was negotiated, as the case may be. If a person described

in subdivision (b) does business at more than one location or branch,

the requirements of this section shall apply only with respect to

the location or branch at which the language in which the contract or

agreement was negotiated is used.

(g) The term “contract” or “agreement,” as used in this section,

means the document creating the rights and obligations of the parties

and includes any subsequent document making substantial changes in

the rights and obligations of the parties. The term “contract” or

“agreement” does not include any subsequent documents authorized or

contemplated by the original document such as periodic statements,

sales slips or invoices representing purchases made pursuant to a

credit card agreement, a retail installment contract or account or

other revolving sales or loan account, memoranda of purchases in an

add-on sale, or refinancing of a purchase as provided by, or pursuant

to, the original document.

The term “contract” or “agreement” does not include a home

improvement contract as defined in Sections 7151.2 and 7159 of the

Business and Professions Code, nor does it include plans,

specifications, description of work to be done and materials to be

used, or collateral security taken or to be taken for the retail

buyer’s obligation contained in a contract for the installation of

goods by a contractor licensed pursuant to Chapter 9 (commencing with

Section 7000) of Division 3 of the Business and Professions Code, if

the home improvement contract or installation contract is otherwise

a part of a contract described in subdivision (b).

Matters ordinarily incorporated by reference in contracts or

agreements as described in paragraph (3) of subdivision (b),

including, but not limited to, rules and regulations governing a

tenancy and inventories of furnishings to be provided by the person

described in subdivision (b), are not included in the term “contract”

or “agreement.”

(h) This section does not apply to any person engaged in a trade

or business who negotiates primarily in a language other than

English, as described by subdivision (b), if the party with whom he

or she is negotiating is a buyer of goods or services, or receives a

loan or extension of credit, or enters an agreement obligating

himself or herself as a tenant, lessee, or sublessee, or similarly

obligates himself or herself by contract or lease, and the party

negotiates the terms of the contract, lease, or other obligation

through his or her own interpreter.

As used in this subdivision, “his or her own interpreter” means a

person, not a minor, able to speak fluently and read with full

understanding both the English language and any of the languages

specified in subdivision (b) in which the contract or agreement was

negotiated, and who is not employed by, or whose service is made

available through, the person engaged in the trade or business.

(i) Notwithstanding subdivision (b), a translation may retain the

following elements of the executed English-language contract or

agreement without translation: names and titles of individuals and

other persons, addresses, brand names, trade names, trademarks,

registered service marks, full or abbreviated designations of the

make and model of goods or services, alphanumeric codes, numerals,

dollar amounts expressed in numerals, dates, and individual words or

expressions having no generally accepted non-English translation. It

is permissible, but not required, that this translation be signed.

(j) The terms of the contract or agreement which is executed in

the English language shall determine the rights and obligations of

the parties. However, the translation of the contract or the

disclosures required by subdivision (e) in any of the languages

specified in subdivision (b) in which the contract or agreement was

negotiated shall be admissible in evidence only to show that no

contract was entered into because of a substantial difference in the

material terms and conditions of the contract and the translation.

(k) Upon a failure to comply with the provisions of this section,

the person aggrieved may rescind the contract or agreement in the

manner provided by this chapter. When the contract for a consumer

credit sale or consumer lease which has been sold and assigned to a

financial institution is rescinded pursuant to this subdivision, the

consumer shall make restitution to and have restitution made by the

person with whom he or she made the contract, and shall give notice

of rescission to the assignee. Notwithstanding that the contract was

assigned without recourse, the assignment shall be deemed rescinded

and the assignor shall promptly repurchase the contract from the

assignee.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: