or Login to see your representatives.

Access Candidates' and Representatives' Biographies, Voting Records, Interest Group Ratings, Issue Positions, Public Statements, and Campaign Finances

Simply enter your zip code above to get to all of your candidates and representatives, or enter a name. Then, just click on the person you are interested in, and you can navigate to the categories of information we track for them.

Key Votes

SB 900 - Establishes Regulations for Home Loans - Key Vote

California Key Votes

Tony Strickland voted Nay (Conference Report Vote) on this Legislation.

Read statements Tony Strickland made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Establishes Regulations for Home Loans

Legislation - Conference Report Adopted (Senate) (25-13) - (Key vote)

Title: Establishes Regulations for Home Loans

Vote Smart's Synopsis:

Vote to adopt a conference report that establishes regulations for foreclosure procedures on home loans.

Highlights:
  • Authorizes borrowers to obtain loss mitigation options, such as loan modifications, through the borrower's mortgage service as an alternative to foreclosure (Sec. 3).
  • Prohibits a mortgage servicer from recording a notice of sale or conducting a trustee's sale if the borrower has submitted a complete application for a foreclosure prevention alternative while that application is still pending, and until the borrower has been notified with a determination regarding that borrower's eligibility for the foreclosure prevention alternative (Sec. 15). 
  • Prohibits a mortgage servicer from recording a notice of default if the foreclosure prevention alternative is approved in writing prior to or after the prevention alternative approval under either of the following circumstances (Sec. 15):
    • The borrower is in compliance with the terms of a written trial or permanent loan modification or repayment plan; or
    • A foreclosure prevention alternative has been approved in writing by all parties.
  • Requires a mortgage servicer to contact the individual in person or over the telephone to discuss the borrower’s financial situation and explore options to avoid foreclosure (Sec. 4). 
  • Requires a notice of default to include that the mortgage servicer has done the following (Sec. 4):
    • Has contacted the borrower;
    • Has tried with “due diligence" to contact the borrower; or
    • That no contact was required because the individual did not meet the definition of “borrower”.
  • Defines “due diligence” as taking the following steps (Sec. 4):
    • Sending a first-class letter to the borrower; and
    • Telephoning the borrower at least 3 different hours on different days at the borrower's primary phone number.
  • Authorizes a mortgage servicer or a variant thereof to record a notice of default or notice of sale, or conduct a trustee's sale, when one of the following occurs (Sec. 7):
    • The mortgage servicer makes a written determination that the borrower is not eligible for a first lien loan modification and the appeal period has expired;
    • The borrower does not accept the offered first lien loan modification within 14 days; or
    • The borrower accepts a first lien loan modification but defaults on it.
  • Specifies that borrowers have at least 30 days after a first lien loan modification is denied to appeal the denial and provide evidence of error in the mortgage servicer's decision (Sec. 7).
  • Prohibits the mortgage servicer from recording a notice of default, recording a notice of sale or conducting a trustee's sale until the later of the following dates (Sec. 7):
    • 31 days after the borrower is notified in writing of the denial;
    • 15 days after the denial of the appeal was issued;
    • 14 days after the borrower declines a first lien loan modification offer after appeal is granted; or
    • When the borrower fails to submit the first payment after a first lien loan modification is offered and accepted.
  • Requires a mortgage servicer to explain the denial of a first lien loan in a written notice (Sec. 7).
  • Requires the mortgage servicer to provide the borrower with 1 or more direct means of communication with a single point of contact, when a borrower requests a foreclosure prevention alternative (Sec. 9).
  • Authorizes a borrower to bring an action for injunctive relief against the mortgage servicer to refrain from recording a notice of foreclosure if a trustee's deed of sale has not been recorded (Secs. 16-17).
  • Requires any mortgage servicer engaged in multiple and repeated violations relative to a foreclosure proceeding to be held liable for a civil penalty of up to $7,500 per mortgage or deed of trust (Sec. 20).
Note:

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

Legislation - Conference Report Adopted (Senate) (24-13) -
Legislation - Conference Report Adopted (House) -
Legislation - Concurrence Vote Failed (Senate) (1-26) -
Legislation - Bill Passed With Amendment (House) (47-24) -
Legislation - Bill Passed (Senate) (34-0) -
Legislation - Introduced (Senate) -

Title: Establishes Regulations for Foreclosure Procedure on Home Loans

Sponsors

Co-sponsors

Back to top