Search Form
Now choose a category »

Key Votes

SB 900 - Establishes Regulations for Home Loans - Key Vote

California Key Votes

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

Skip to top
Back to top