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CA SB900

Bill

Status

Passed

7/11/2012

Primary Sponsor

Wilmer Carter

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Origin

Senate

2011-2012 Session

AI Summary

SB 900 Summary

  • Requires mortgage servicers to contact borrowers before recording notice of default to explore foreclosure alternatives, with 30-day waiting period; extends this requirement indefinitely and adds servicers to existing provisions.

  • Prohibits recording notice of default or notice of sale while complete first lien loan modification application is pending; establishes procedures for loan modification applications, denials, and borrower appeal rights (through January 1, 2018).

  • Requires mortgage servicers to establish single point of contact for borrowers seeking foreclosure prevention alternatives and provide written notice after sale postponement; applies only to servicers conducting over 175 foreclosure sales annually.

  • Mandates all foreclosure-related documents be accurate, complete, and supported by competent evidence; imposes civil penalties up to $7,500 per mortgage for repeated violations by servicers (through January 1, 2018).

  • Authorizes borrowers to seek injunctive relief and damages for violations, including treble damages or $50,000 statutory damages for intentional/reckless violations; awards attorney's fees to prevailing borrowers.

Legislative Description

Mortgages and deeds of trust: foreclosure.

Last Action

Chaptered by Secretary of State. Chapter 87, Statutes of 2012.

7/11/2012

Committee Referrals

Appropriations5/5/2011
Environmental Quality4/14/2011
Rules2/18/2011

Full Bill Text

No bill text available