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CA SB1150

Bill

Status

Passed

9/29/2016

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Prohibits mortgage servicers from recording a notice of default upon learning a borrower has died until they request and receive reasonable documentation of the death and the claimant's ownership interest in the property, allowing at least 30 days for death documentation and 90 days for ownership documentation.

  • Requires mortgage servicers to provide successors in interest with loan information within 10 days of being deemed a successor, including loan balance, interest rate, balloon payments, prepayment penalties, and default status.

  • Allows successors in interest to assume the deceased borrower's loan or apply for foreclosure prevention alternatives on assumable loans, with the same rights and remedies as original borrowers under California's Homeowner Bill of Rights.

  • Authorizes successors in interest to bring actions for injunctive relief to stop material violations, with courts able to award treble damages up to $50,000 and reasonable attorney's fees if violations are intentional or reckless.

  • Defines "successor in interest" as a spouse, domestic partner, joint tenant, parent, grandparent, or adult child/sibling of the deceased borrower who occupied the property as their principal residence within the six months before death and currently resides there; applies only to first lien mortgages on owner-occupied residential properties with no more than four units; expires January 1, 2020.

Legislative Description

Mortgages and deeds of trust: mortgage servicers: successors in interest.

Last Action

Chaptered by Secretary of State. Chapter 838, Statutes of 2016.

9/29/2016

Committee Referrals

Judiciary6/22/2016
Banking and Finance6/9/2016
Judiciary4/21/2016
Banking and Financial Institutions3/3/2016
Rules2/18/2016

Full Bill Text

No bill text available