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HomeHealth and Safety CodeDiv. 8Pt. 3Ch. 2Art. 6§ 8351 Cemetery Lien Subordination

§ 8351 Cemetery Lien Subordination

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8351 Cemetery Lien Subordination

Key Takeaways

  • •If a cemetery is already a cemetery, no new loans or debts can take away its cemetery status.
  • •If someone loans money using cemetery land as security, the cemetery purpose comes first.
  • •Even if the land is sold because of unpaid debts, it stays a cemetery.

Example

A bank loans money to a family who owns land that is a cemetery. The family can't pay back the loan, so the bank tries to sell the land.

The land stays a cemetery even if it's sold. The bank can't turn it into something else like a shopping mall.

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

Official Source
View on CA.gov

§ 8351 Cemetery Lien Subordination

All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed or incurred upon property which has been and was at the time of the creation or placing of the lien, dedicated as a cemetery pursuant to this part, or upon property which is afterwards, with the consent of the owner of any mortgage, trust deed, or lien, dedicated to cemetery purposes pursuant to this part, shall not affect or defeat the dedication, but the mortgage, deed of trust or other lien is subject and subordinate to such dedication and any and all sales made upon foreclosure are subject and subordinate to the dedication for cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)

Last verified: January 24, 2026

Key Terms

dedicationforeclosurecontractpropertyliendeedmortgagecreation

Related Statutes

  • § 9701 Pet Cemetery Lien Priority
  • § 8350 Cemetery Authority Business Powers
  • § 50776 Mortgage Lender Certification Program
  • § 51050 Agency Powers And Authority
  • § 37621 Historical Rehabilitation Financing Fees

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 8351.
View Official Source