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Key Votes

AB 278 - Establishes Regulations for Foreclosure Procedures on 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 Foreclosure Procedures on Home Loans

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

Title: Establishes Regulations for Foreclosure Procedures on Home Loans

Vote Smart's Synopsis:

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

Highlights:
  • Prohibits a mortgage servicer from doing any of the following if a borrower has submitted a complete application for a first lien loan modification and that application is still pending (Sec. 7):
    • Recording a notice of default;
    • Recording a notice of sale; or
    • Conducting a trustee's sale of the property.

 

  • Requires a mortgage servicer to contact the borrower in person or by phone in order to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure (Sec. 4).  
  • Requires a mortgage servicer to attempt to contact a borrower as follows before filing a notice of default (Sec. 4):
    • Sending a letter to the borrower;
    • Attempting to contact the borrower at least 3 times at different hours on different days by telephone;
    • Providing a toll-free number for the borrower to call regarding his or her mortgage; and
    • Granting the borrower 2 weeks to respond to the mortgage servicer's contact attempts.
  • Requires the mortgage servicer to establish a single point of contact and provide the borrower with 1 or more direct means of communication with that single point of contact (Sec. 9).
  • Authorizes a mortgage servicer 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 that the mortgage servicer's decision was made in error (Sec. 7).
  • Prohibits the mortgage servicer from recording a notice of default or 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 after an appeal is granted; or
    • When the borrower fails to submit the first payment after a first lien loan modification is accepted after an appeal.
  • Requires a mortgage servicer to send a written notice to the borrower following the denial of a first lien loan modification application explaining the reasons for denial (Sec. 7).

 

  • Authorizes a borrower to bring an action against the mortgage servicer to refrain from recording a notice of foreclosure for a violation of this chapter, if a trustee's deed of sale has not been recorded (Sec. 16).

 

  • Requires any injunction to remain in place and the trustee's sale to be prohibited until the court determines whether the mortgage servicer has corrected the violation (Sec. 17).

 

  • Requires any mortgage servicer engaged in multiple and repeated violations  in any court 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).

 

Legislation - Conference Report Adopted (House) -
Legislation - Concurrence Vote Failed (House) (5-57) -
Legislation - Bill Passed With Amendment (Senate) (23-13) -
Legislation - Bill Passed (House) (78-0) -
Legislation - Introduced (House) -

Title: Establishes Regulations for Foreclosure Procedures on Home Loans

Sponsors

  • Mike Eng (CA - D) (Out Of Office)
  • Mike Feuer (CA - D) (Out Of Office)
  • Holly J. Mitchell (CA - D) (Out Of Office)

Co-sponsors

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