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CA SB1183
Bill
AI Summary
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Exempts reverse mortgages from successor in interest protections that require mortgage servicers to delay default notices and provide loan information to heirs and family members of deceased borrowers.
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Maintains protections for successors in interest on non-reverse mortgages by requiring servicers to request documentation of death and ownership interest before recording a notice of default (30 days for death certificate, 90 days for ownership documentation).
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Requires mortgage servicers to provide successors in interest with loan information within 10 days and allow them to assume the loan or apply for foreclosure prevention alternatives.
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Allows successors in interest to seek injunctive relief for violations and pursue damages up to $50,000 or treble actual damages if violations are intentional or reckless.
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Deems servicers in compliance if they follow federal Regulations X and Z regarding successor in interest protections; sections expire January 1, 2020 unless extended.
Legislative Description
Mortgages: deeds of trust: successors in interest.
Last Action
Chaptered by Secretary of State. Chapter 136, Statutes of 2018.
7/18/2018