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Key Votes

SB 926 - Mortgage Lender Requirements - Key Vote

California Key Votes

Stages

Family

Issues

Stage Details

Legislation - Bill Failed (Senate) (26-14) - (Key vote)

Title: Mortgage Lender Requirements

Vote Smart's Synopsis:

Vote to pass a bill that requires lenders to maintain their vacant properties, give advance notification to borrowers when mortgage payments increase and modifies foreclosure vacancy rules.

Highlights:
- Requires that borrowers be informed by mail 120, 90 and 45 days before any payment increase of at least 10 percent until January 1, 2013 [sec. 2 (a) (d)]. - Mandates that prior to filing a notice of default the lender must send a correspondence and call the property to arrange an in-person or telephone conversation with the borrower to assess their current financial situation [sec. 3 (a) (e) (h)]. - Instructs the lender to provide evidence that he or she has met with or tried to meet with the borrower [sec. 3 (b)]. - Requires the lender to provide a 24-hour toll-free telephone number that allows the borrower to speak with a representative [sec. 3 (h) (6)]. - Requires that defaulting residents be informed by mail that their property will be sold at foreclosure and they should receive a new lease or a 60-day eviction notice from the new property owner (Sec. 4). - Charges owners who fail to maintain their vacant residential property purchased at foreclosure with creating a nuisance and subjects them to civil fines of up to $1000 per day. Charges owners who fail to maintain their vacant residential property purchased at foreclosure with creating a nuisance and subjects them to civil fines of up to $1000 per day. A "failure to maintain" includes, but is not limited to, allowing excessive foliage growth, allowing trespassers and squatters, or the presence of standing water and mosquitoes [sec. 5 (a-b)]. -Permits tenants to continue to reside on rental property sold due to foreclosure for 60 days following a written notice [sec. 6 (a)]. -Mandates that the provisions of this bill will expire after January 1, 2013 [sec. 6 (b)].
Note:

NOTE: AN URGENCY CLAUSE REQUIRES 27 VOTES FOR PASSAGE IN THE SENATE AND IMMEDIATELY PUTS THE BILL INTO EFFECT UPON THE GOVERNOR'S SIGNATURE.

Legislation - Introduced (Senate) -

Title: Mortgage Lender Requirements

Sponsors

Co-sponsors

  • Gilbert A. 'Gil' Cedillo (CA - D) (Out Of Office)
  • Carole V. Migden (CA - D) (Out Of Office)
  • Gloria Romero (CA - D) (Out Of Office)
  • Patricia A. 'Pat' Wiggins (CA - D) (Out Of Office)
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