CA Court Site Info on Foreclosure

Saturday, February 16, 2013

CA 4closure Protection Law 2012

California Passes Law, 2012- To Help homeowners Avoid Foreclosure
It Does NOT require Lenders to Give Loan Modifications...

The legislation from 2012, with law starting Jan 1, 2012,  bars banks from moving ahead with foreclosures while still negotiating with homeowners over loan modifications, a practice known as "dual-tracking."

It would also allow lawsuits against banks for so-called "robo-signing," in which foreclosure documents are signed en masse without review. Revelations about robo-signing helped lead to a $25 billion settlement of a multi-state foreclosure lawsuit against major banks.

California Attorney General Kamala Harris, a central player in the foreclosure lawsuit settlement, also played a lead role in developing the legislation..

The California law, and others like it around the country, was opposed by banks, mortgage servicers and some real estate market professionals. They say that such legislation imposes unnecessary burdens on lenders and has the effect of delaying, rather than preventing, foreclosures. That, in turn, may impede the long-term recovery of the real estate market.   

In response to such criticisms, the final legislation was amended so that it applies only to first mortgages, and only to homeowners who still occupy their residences, among other changes.

California is among the states hardest-hit by the housing meltdown. The city of Stockton  became the largest municipality ever to file for bankruptcy, in part because of a devastating housing collapse that has given Stockton one of the highest foreclosure rates in the nation.

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