§ 730.5.Inapplicability to Security Interest In Personal Property
Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Last amended 2001 · Last verified July 28, 2026
Full Text of § 730.5
Plain-English Summary
Everything in this chapter — the one-action rule, the deficiency-judgment procedure, the redemption rights — is built around real property mortgages and deeds of trust. Section 730.5 makes clear none of it reaches security interests in personal property or fixtures that the Commercial Code governs, meaning secured transactions under the state's version of Article 9 follow their own separate enforcement rules.
The exemption extends beyond this chapter itself to the anti-deficiency statutes of §§ 580a, 580b, and 580d, keeping personal-property and fixture financing on an entirely different track than real estate foreclosure. The only qualification is Commercial Code § 9604, which governs the narrower situation where a security interest reaches both real property and fixtures or personal property together.
Frequently Asked Questions
Does the mortgage foreclosure chapter apply to security interests in equipment or inventory?
No. Section 730.5 excludes security interests in personal property or fixtures governed by the Commercial Code from this chapter.
Do the anti-deficiency statutes in §§ 580a through 580d apply to Commercial Code security interests?
No, § 730.5 excludes those sections too, except as Commercial Code § 9604 otherwise provides.
What's the exception mentioned in § 730.5?
Commercial Code § 9604, which addresses situations where a security agreement covers both real property and fixtures or personal property.
Amendment History
EFFECTIVE 7/1/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).