No action shall be brought, nor shall any security interest be enforced, by any creditor or any assignee of a creditor on any consumer credit contract which fails to comply with this title against any person, however designated, who is entitled to notice under Section 1799.91 and who does not in fact receive any of the money, property or services which are the subject matter of the consumer credit contract.

Nothing herein shall affect the rights of any bona fide purchaser for value of property sold pursuant to the enforcement of a security interest if the purchase was made without notice of any facts constituting a violation of this title.

Terms Used In California Civil Code 1799.95

  • Consumer credit contract: means any of the following obligations to pay money on a deferred payment basis, where the money, property, services or other consideration which is the subject matter of the contract is primarily for personal, family or household purposes:

    California Civil Code 1799.90

  • Contract: A legal written agreement that becomes binding when signed.
  • Creditor: means an individual, partnership, corporation, association or other entity, however designated, who enters into or arranges for consumer credit contracts in the ordinary course of business. See California Civil Code 1799.90
  • property: includes property real and personal. See California Civil Code 14

(Amended by Stats. 1985, Ch. 987, Sec. 4.)

  Previous section
Next section  
 Title 1.85 Contents