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HomeFinancial CodeDiv. 20Ch. 5§ 50319 Escrow Insolvency Enforcement

§ 50319 Escrow Insolvency Enforcement

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 50319 Escrow Insolvency Enforcement

Key Takeaways

  • •If a business is in bad financial shape or breaking rules, the commissioner can stop them from spending certain funds.
  • •The business must put new funds into a separate account until the problem is fixed.
  • •The business can ask for a hearing within 15 days to challenge the order, but the order stays in place until then.
  • •If no hearing is requested, the business loses the right to challenge the order.

Example

A real estate company is struggling with money and not following the rules for handling client funds.

The commissioner can order the company to stop spending client funds and put any new funds into a separate account. The company can ask for a hearing to fight this, but if they don’t ask within 15 days, they can’t challenge it later.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 50319 Escrow Insolvency Enforcement

(a) If the commissioner, as a result of any examination or from any report made to him or her, shall find that any person subject to this division is in an insolvent condition, is conducting business in an unsafe or injurious manner that renders further operations hazardous to the public or to customers, has failed to comply with the provision of Section 50317, has permitted its tangible net worth to be lower than the minimum required by law, or has failed to comply with the bonding requirements of Section 50205, the commissioner may, by an order addressed to and served by registered or certified mail, or by personal service on that person, and on any other person having in his or her possession or control any trust funds or other property deposited in escrow with that person, direct discontinuance of the disbursement, in whole or in part, of trust funds held by the licensee and order the establishment of a separate trust account for all subsequent trust funds received by the licensee. No person having in his or her possession any of these funds or documents shall be liable for failure to comply with the order unless he or she has received written notice of the order. Subject to subdivision (b), the order shall remain in effect until set aside by the commissioner, or the person is the subject of an order for relief in bankruptcy. (b) Within 15 days from the date of an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 2 of Division 3 of Title 2 of the Government Code). Upon receiving a request, the matter shall be set for hearing to commence within 30 days after the receipt unless the person subject to this division consents to a later date. If no hearing is requested within 15 days after the mailing or service of the notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing. Neither the request for a hearing nor the hearing itself shall stay the order issued by the commissioner under subdivision (a). (Amended by Stats. 2009, Ch. 500, Sec. 44. (AB 1059) Effective January 1, 2010.)

Last verified: January 23, 2026

Key Terms

hearingnetlicensewaiverpossessionhazardouscommissionport

Related Statutes

  • § 17415 Escrow Business Insolvency Rules
  • § 12404 Commissioner Disciplinary Authority
  • § 28156 Disciplinary Actions For Violations
  • § 50307.1 Mortgage Servicing Reports
  • § 100020 Licensee Annual Fee Assessment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 50319.
View Official Source