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CA SB1183

Bill

Status

Passed

7/18/2018

Primary Sponsor

Mike Morrell

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • 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.

  • 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).

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary6/19/2018
Banking and Finance5/25/2018
Judiciary4/4/2018
Banking and Financial Institutions3/16/2018
Rules3/15/2018
Insurance, Banking and Financial Institutions3/1/2018
Rules2/15/2018

Full Bill Text

No bill text available