Governor signs California Homeowner Bill of Rights into
law:
California Governor Jerry Brown signed into law today the
Homeowner Bill of Rights to help struggling Californians keep their homes. This
law aims to avoid foreclosure where possible to help stabilize California's
housing market and prevent the other negative effects of foreclosures on
families, communities, and the economy. The new law will generally prohibit
lenders from engaging in dual tracking, require a single point of contact for
borrowers seeking foreclosure prevention alternatives, provide borrowers with
certain safeguards during the foreclosure process, and provide borrowers with
the right to sue lenders for material violations of this law.
The Homeowner Bill of Rights has four major components:
- Prohibiting “dual track” foreclosures that occur when a servicer continues
foreclosure while also reviewing a homeowner’s application for a loan
modification;
- Creating a single point of contact for homeowners who are negotiating a loan
modification;
- Expanding notice requirements that must be provided to a borrower before
taking action on a loan modification application or pursuing foreclosure; and
- Allowing injunctions against foreclosure until violations are corrected and
permitting civil penalties against servicers that file multiple, inaccurate
mortgage documents or commit reckless or willful violations of law.
These new laws make California the first state in the nation to take
provisions in the National Mortgage Settlement, which covered the nation’s five
largest mortgage loan servicers, and apply those rules to all mortgage
servicers.
C.A.R. opposed this well-intentioned legislation because it will encourage
the filing of lawsuits intended for delay and further discourage lending.
While C.A.R. is disappointed in the final outcome, the good news is that what
has passed is a much-improved version of the package of bills initially
sponsored by the Attorney General, which would have originally halted ALL
foreclosures, drying up both REO inventory and even short sales.
C.A.R. will continue to fight for the thoughtful, balanced reform of the
foreclosure process. For example, C.A.R. is sponsoring AB 1745 (Torres) which
prohibits “dual tracking” to prevent lenders from selling a property at a
foreclosure sale if a short sale has already been approved. C.A.R. has also
worked cooperatively with the Attorney General on several of the bills in her
“bill of rights.”
The law will go into effect January 1, 2013. For full text of the bills,
visit:
http://leginfo.ca.gov/bilinfo.html.