The following is general legal information only and not legal advice.  It is not intended to be a substitute for legal advice and may not be accurate, complete or up-to-date.  For specific questions about your situation you are advised to contact an attorney.

The following is from the Spring 2004 Mortgage Loan Bulletin from the California Department of Real Estate:

"Mortgage Loan Disclosure Statements To Be Translated"

     California Civil Code Section 1632 currently requires that any person engaged in a business who negotiates primarily in the Spanish language, either orally or in writing, deliver to the other party a Spanish language translation of the contract or agreement, before it is executed. The translation must include every term and condition in the contract or agreement. To assist DRE-licensed brokers who negotiate loans primarily in Spanish, and where the loan is primarily for personal, family or household purposes, a Spanish translation of the Mortgage Loan Disclosure Statement/Good Faith Estimate (RE883A) required by Business and Professions Code Section 10240 is available on the DRE Web site www.dre.ca.gov. Delivery of the DRE translated disclosure statement will comply with the provisions of Civil Code Section 1632. Effective July 1, 2004 (pursuant to AB309, Chapter 330), Civil Code Section 1632 will additionally require persons who negotiate primarily in Chinese, Tagalog, Vietnamese or Korean, either orally or in writing, deliver to the other party a translation of the contract or agreement in the language used for negotiations. The translation must include translation of every term and condition of the contract or agreement. In order to comply with the disclosure form provisions, DRE-licensed brokers who negotiate loans primarily in these languages must, effective July 1, 2004, provide the Mortgage Loan Disclosure Statement or Mortgage Loan Disclosure Statement/Good Faith Estimate in the appropriate language.

     The Department is in the process of developing these two forms translated into the above languages and expects to have them available to the industry in both hard copy and on the DRE Web site www.dre.ca.gov on or about June 1, 2004. Affected brokers should fully review the provisions of Civil Code Section 1632 in order to ensure their compliance. Both versions of Section 1632, the one now in effect, and the one effective July 1, 2004, can be viewed at www.dre.ca.gov. Click on 2004 Real Estate Law, then Pertinent Excerpts from the California Codes, then Civil Code Excerpts. Questions regarding this and other mortgage loan related issues can be answered by calling (916) 227-0770.

     AS YOU CAN SEE THE DRE CLEARLY PUT CALIFORNIA DRE LICENSED BROKERS ON NOTICE THAT IF THEY NEGOTIATE REAL ESTATE LOANS IN SPANISH, THEN SPANISH TRANSLATION DOCUMENTS MUST BE PROVIDED TO THE BORROWER.  THE DRE EVEN WENT SO FAR AS TO PROVIDE FORMS IN THIS REGARD.  THE QUESTION IS, HOW MANY BROKERS BOTHERED TO COMPLY WITH CALIFORNIA CIVIL CODE SECTION 1632?  HOW MANY WERE IN VIOLATION?  HOW MANY SPANISH SPEAKING BORROWERS FAILED TO RECEIVE THE REQUIRED NOTICES WHICH WOULD HAVE POTENTIALLY GIVEN THEM A BETTER CHANCE TO REVIEW THE TERMS AND CONDITION OF THE LOAN BEING PROVIDED AND TO CONTACT OTHER LENDERS TO COMPARE TERMS?  BASIC FAIRNESS DICTATES THAT THESE DISCLOSURES SHOULD HAVE BEEN MADE TO SPANISH SPEKAING BORROWERS WHERE THE BROKER PRIMARILY ENGAGED IN DEALING WITH HISPANICE CUSTOMERS.  The reality is that this never happened and many of these borrowers are going into foreclosure when they have a legitimate defense and can fight back against this form of predatory lending.

Here is a look at the actual text of the law for California Civil Code Section 1632:

 (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.
   (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.

Here is the California Department of Consumer Affairs take on 1632:

California Department of Consumer Affairs
State and Consumer Services Agency

Division of Legal Affairs
400 R Street
Sacramento, CA 95814-6200

Legal Guide K-4

SPANISH LANGUAGE TRANSLATIONS OF CONSUMER CONTRACTS

January, 2002

Under California law, a person in a trade or business who, in the course of entering into a contract, negotiates primarily in the Spanish language, orally or in writing, must give the consumer a written Spanish-language translation of the proposed contract. (1)

The Spanish-language translation must be given to the consumer before the consumer signs the contract. The seller or creditor must give the consumer the Spanish-language translation whether or not the consumer requests it. The Spanish-language translation must include the proposed contract terms, such as purchase price, finance charges, payment amount, etc.

The purpose of the law is to insure that the Spanish-speaking person has a genuine opportunity to read the Spanish-language translation of any proposed contract that has been negotiated primarily in Spanish, and to consult with others, before the contract is signed. It is never sufficient for the seller or creditor to give the Spanish-speaking person a Spanish-language translation after he or she has executed (signed) the contract.

If a trade or business that is required to provide a Spanish-language translation fails to do so, the consumer can rescind (cancel) the contract or agreement, in which event the law governing cancellation will apply. 2 The consumer can cancel the contract even if it has been assigned to a financial institution; but in that event, the consumer can look to the original trade or business for a return of the amounts he or she has paid. If the consumer received any goods, the goods must be returned to the original trade or business.

If a consumer rescinds, the consumer need not pay the financial institution that has received an assignment of the contract. Instead, the financial institution is entitled to return the contract to the original trade or business, and to recover from the original trade or business anything it has paid to the trade or business.

The rule applies to:

• Credit sale contracts involving consumer goods and services of all kinds, including automobile purchases and leases.
• Virtually all loans or other extensions of credit for use primarily for personal, family or household purposes, except loans secured by real property.
• Loans secured by real property, if arranged by a real estate loan broker, or made by a personal finance company.
• Contracts for the rental, lease or sublease of apartments or other dwellings (including mobile homes) for a period longer than one month. (Month-to-month and week-to-week rental contracts are not covered.)
• Contracts involving the payment of fees or charges for legal services furnished by lawyers.

The Spanish-language translation need not be given in the following kinds of transactions:

• Home improvement contracts.
• Contracts involving a seller who is not engaged in a trade or business.
• Contracts in which the Spanish-speaking consumer has negotiated the contract through his or her own interpreter (with limitations, see below).

However, the last exception applies only if the consumer's interpreter is able to speak fluently and read with full understanding both the English and Spanish languages. Also, the interpreter cannot be a minor (under 18 years of age). Nor may the interpreter be employed or made available by or through the person engaged in the trade or business.

At the same time and place where any contract is entered into following negotiations primarily in Spanish, a notice of the consumer's rights must be displayed. This notice must be written in Spanish and must be conspicuously displayed. The notice must inform consumers of their rights under this law.

This notice need only be displayed at those locations where the Spanish language is used. (The notice is not required to be given by providers of legal services or those who make or arrange loans secured by real property.)

The business must give the consumer a Spanish-language translation of the original contract and of any documents that modify the original contract. Also, a Spanish-language translation must be given of the original contract or any subsequent documents that substantially change the rights and obligations of the parties. A notice of repossession and deficiency under Civil Code section 2983.2 is a document that substantially affects a consumer's rights under an automobile financing contract. 3

However, the law does not require a Spanish-language translation for any later documents authorized by or expected to be made under the original contract or its modifications. Examples of those documents which need not be translated include periodic statements, sales slips, invoices, add-on sales, or refinancings that are provided by or made pursuant to the original contract.

If the contract involves a loan made by a "supervised financial organization" such as a bank, savings association, credit union or personal finance company, the organization need only provide a Spanish translation of the credit disclosures required by the federal Truth in Lending Act. A Spanish-language translation of the remainder of the contract need not be provided. Thus, the Spanish-language translation need only include the amount financed, the annual percentage rate, the amount and due dates of the payments and other relevant credit information - the most relevant details that the average consumer would be likely to consider before signing a contract.

The rule is different in the case of preprinted automobile lease contracts provided to dealers by prospective assignees such as banks or leasing companies. The prospective assignee must provide a Spanish-language translation of the entire lease contract to the dealer upon the dealer's request. (4) The dealer then provides this translation to the Spanish-speaking customer.

In interpreting a contract subject to the Spanish-translation law, the signed English contract determines the rights and duties of the parties. However, if there is a substantial difference between the English contract and the Spanish translation, the law states that this may show that no contract was ever entered into.

The provisions relating to verification of Spanish-language translations of contracts by the Department of Consumer Affairs were repealed in 2001. (5)

NOTICE: We attempt to make our legal guides accurate as of the date of publication, but they are only guidelines and not definitive statements of the law. Questions about the laws application to particular cases should be directed to a specialist.

Prepared by:

Richard A. Elbrecht
Supervising Attorney
Marla L. Scharf
Staff Counsel
Legal Services Unit

2002 update by:
John C. Lamb
Senior Staff Counsel
Legal Services Unit

ENDNOTES

1. Civil Code section 1632.
2. Civil Code sections 1688 et seq.
3. Reyes v. Superior Court (1981) 118 Cal.App.3d 159, 162 [173 Cal.Rptr. 267].
4. Civil Code section 2991.
5. Statutes 2001, chapter 306 (AB 446).

To find out if your rights may have been violated under California Civil Code Section 1632 contact the Law Offices of Steven C. Vondran. 

California Clients:
620 Newport Center Drive, Suite 1100
Newport Beach, CA 92660
Phone: (949) 689-8752
Fax (949) 209-0358 

Because most of our California loan modification and loan auditing work can be done, and is done, by phone fax and email between us and you and the lenders we are normally able to serve our California clients in and around the following California Counties and Cities

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