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CA AB1603

Bill

Status

Introduced

2/6/2012

Primary Sponsor

Mike Eng

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

AB 1603 Summary

  • Prohibits mortgage servicers from obtaining force-placed insurance (hazard, flood, or homeowner's) unless there is reasonable basis to believe the borrower failed to maintain required insurance coverage

  • Requires mortgage servicers to send written notice by first-class mail and wait at least 30 days after a second notice before imposing force-placed insurance charges, and mandates refunds of all premiums paid when borrower provides proof of existing coverage

  • Requires mortgage servicers to advance payments to continue a borrower's existing insurance policy if it is paid through an escrow account, unless the borrower or insurance company cancels it

  • Prohibits mortgage servicers from obtaining force-placed insurance from affiliated entities, splitting fees, accepting referral fees, or placing insurance in excess of replacement value or outstanding loan balance without written borrower request

  • Authorizes borrowers to sue for violations and recover attorney's fees plus the greater of actual damages or $5,000, and authorizes Attorney General, district attorneys, and city attorneys to seek injunctive relief, restitution, and civil penalties up to $10,000

Legislative Description

Mortgages and deeds of trust: mortgage servicers:

Last Action

Ordered to inactive file at the request of Assembly Member Allen.

5/31/2012

Committee Referrals

Appropriations4/23/2012
Insurance4/16/2012
Judiciary3/29/2012

Full Bill Text

No bill text available