California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 900 — Mortgages and deeds of trust: foreclosure.

Last action — Chaptered by Secretary of State. Chapter 87, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    1 primary, 14 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default or, in certain circumstances, a notice of sale, to include a declaration stating that the mortgagee, trustee, beneficiary, or authorized agent has contacted the borrower, has tried with due diligence to contact the borrower, or that no contact was required for a specified reason. This bill would add mortgage servicers, as defined, to these provisions and would extend the operation of these provisions indefinitely, except that it would delete the requirement with respect to a notice of sale. The bill would, until January 1, 2018, additionally require the borrower, as defined, to be provided with specified information in writing prior to recordation of a notice of default and, in certain circumstances, within 5 business days after recordation. The bill would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default or, until January 1, 2018, recording a notice of sale or conducting a trustee's sale while a complete first lien loan modification application is pending, under specified conditions. The bill would, until January 1, 2018, establish additional procedures to be followed regarding a first lien loan modification application, the denial of an application, and a borrower's right to appeal a denial. (2) Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale. The bill would, until January 1, 2018, require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date and time, as specified. The bill would provide that an entity shall not record a notice of default or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the deed of trust, the original or substituted trustee, or the designated agent of the holder of the beneficial interest, as specified. The bill would prohibit recordation of a notice of default or a notice of sale or the conduct of a trustee's sale if a foreclosure prevention alternative has been approved and certain conditions exist and would, until January 1, 2018, require recordation of a rescission of those notices upon execution of a permanent foreclosure prevention alternative. The bill would until January 1, 2018, prohibit the collection of application fees and the collection of late fees while a foreclosure prevention alternative is being considered, if certain criteria are met, and would require a subsequent mortgage servicer to honor any previously approved foreclosure prevention alternative. The bill would authorize a borrower to seek an injunction and damages for violations of certain of the provisions described above, except as specified. The bill would authorize the greater of treble actual damages or $50,000 in statutory damages if a violation of certain provisions is found to be intentional or reckless or resulted from willful misconduct, as specified. The bill would authorize the awarding of attorneys' fees for prevailing borrowers, as specified. Violations of these provisions by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be violations of those respective licensing laws. Because a violation of certain of those licensing laws is a crime, the bill would impose a state-mandated local program. The bill would provide that the requirements imposed on mortgage servicers, and mortgagees, trustees, beneficiaries, and authorized agents, described above are applicable only to mortgages or deeds of trust secured by residential real property not exceeding 4 dwelling units that is owner-occupied, as defined, and, until January 1, 2018, only to those entities who conduct more than 175 foreclosure sales per year or annual reporting period, except as specified. The bill would require, upon request from a borrower who requests a foreclosure prevention alternative, a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact and provide the borrower with one or more direct means of communication with the single point of contact. The bill would specify various responsibilities of the single point of contact. The bill would define single point of contact for these purposes. (3) Existing law prescribes documents that may be recorded or filed in court. This bill would require that a specified declaration, notice of default, notice of sale, deed of trust, assignment of a deed of trust, substitution of trustee, or declaration or affidavit filed in any court relative to a foreclosure proceeding or recorded by or on behalf of a mortgage servicer shall be accurate and complete and supported by competent and reliable evidence. The bill would require that, before recording or filing any of those documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower's default and the right to foreclose, including the borrower's loan status and loan information. The bill would, until January 1, 2018, provide that any mortgage servicer that engages in multiple and repeated violations of these requirements shall be liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate. The bill would authorize the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate to adopt regulations applicable to persons and entities under their respective jurisdictions for purposes of the provisions described above. The bill would provide that a violation of those regulations would be enforceable only by the regulating agency. (4) The bill would state findings and declarations of the Legislature in relation to foreclosures in the state generally, and would state the purposes of the bill. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 87, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Senate adopted Conference Committee report. (Ayes 25. Noes 13. Page 4221.)

  5. Reconsideration granted. (Ayes 24. Noes 12. Page 4221.)

  6. Motion to reconsider made by Senator Vargas.

  7. Senate adopted Conference Committee report. (Ayes 24. Noes 13. Page 4220.)

  8. Assembly adopted Conference Committee report. (Ayes 54. Noes 26. Page 5550.)

  9. (Corrected June 29.)

  10. (Corrected June 28.)

  11. From Conference Committee: Be adopted. (Ayes 4: Senators Evans and Calderon, Assembly Members Feuer and Eng. Noes 1: Assembly Member Wagner. Page 4161.) (June 26.)

  12. Joint Rule 29.5(a) suspended in the Senate. (Ayes 37. Noes 0. Page 3498.)

  13. Joint Rule 29.5(a) suspended in the Assembly. (Ayes 72. Noes 0. Page 4808.)

  14. Senators Evans, Calderon, and Blakeslee appointed to Conference Committee.

  15. Assembly Members Eng, Feuer, and Wagner appointed to Conference Committee.

  16. Senators Vargas, Evans, and Blakeslee appointed to Conference Committee.

  17. Ordered to Conference Committee.

  18. Senate refused to concur in Assembly amendments. (Ayes 1. Noes 26. Page 3331.)

  19. In Senate. Concurrence in Assembly amendments pending.

  20. Read third time. Passed. (Ayes 47. Noes 24. Page 4567.) Ordered to the Senate.

  21. Assembly Rule 69(d) suspended. (Ayes 50. Noes 24. Page 4566.)

  22. Ordered to third reading.

  23. Read third time and amended. (Ayes 50. Noes 24. Page 4565.)

  24. Ordered to third reading.

  25. From inactive file.

  26. Notice of intention to remove from inactive file given by Assembly Member Charles Calderon.

  27. Ordered to inactive file on request of Assembly Member Charles Calderon.

  28. Read second time. Ordered to third reading.

  29. From committee: Do pass. (Ayes 9. Noes 0.) (June 28).

  30. Referred to Com. on E.S. & T.M.

  31. In Assembly. Read first time. Held at Desk.

  32. Read third time. Passed. (Ayes 34. Noes 0. Page 1038.) Ordered to the Assembly.

  33. Read second time. Ordered to third reading.

  34. Ordered to second reading.

  35. Withdrawn from committee.

  36. Read second time and amended. Re-referred to Com. on APPR.

  37. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 856.) (May 2).

  38. Set for hearing May 2.

  39. Re-referred to Com. on E.Q.

  40. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  41. Referred to Com. on RLS.

  42. From printer. May be acted upon on or after March 22.

  43. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Carter · Cosponsor
  • Calderon · Cosponsor
  • Mitchell · Cosponsor
  • Corbett · Cosponsor
  • Davis · Cosponsor
  • DeSaulnier · Cosponsor
  • Eng · Cosponsor
  • Evans · Cosponsor
  • Feuer · Cosponsor
  • Hancock · Cosponsor
  • Leno · Primary
  • Pavley · Cosponsor
  • Skinner · Cosponsor
  • Steinberg · Cosponsor
  • Sasha Renée Pérez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 14 co-sponsors · 107 not signed on · 7 voted No

Sponsors (1)

  • Leno

Co-sponsors (14)

  • Carter
  • Calderon
  • Mitchell
  • Corbett
  • Davis
  • DeSaulnier
  • Eng
  • Evans
  • Feuer
  • Hancock
  • Pavley
  • Skinner
  • Steinberg
  • Pérez, Sasha Renée Democratic

Not signed on (107)

107 members have not signed on to this bill.

Show all 107 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 900 Leno Conference Report

Passed 54 Yea · 26 Nay
Party YeaNayPresentNot Voting
Unaffiliated 532400
Democratic 1000
Republican 0200
Total 542600
% of votes cast 68%33%0%0%
How each member voted (80)
Member Party Vote
Hagman — Nay
Hall — Yea
Butler — Yea
Feuer — Yea
Fuentes — Yea
Carter — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Cedillo — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Jeffries — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Campos — Yea
Garrick — Nay
Bonilla — Yea
Atkins — Yea
Gorell — Nay
Halderman — Nay
Harkey — Nay
Knight — Nay
Block — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Nielsen — Nay
Smyth — Nay
Wagner — Nay
Eng — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Conference Reports

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Democratic 2000
Republican 0100
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Cannella — Nay
Runner — Not Voting
Corbett — Yea
Blakeslee — Nay
Correa — Yea
Dutton — Nay
Kehoe — Yea
Leno — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Nay
Harman — Nay
Huff — Nay
Lieu — Yea
Liu — Yea
Price — Yea
Vargas — Yea
Walters — Nay
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Conference Reports SB900 Leno Reconsider

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2000
Republican 0100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Nay
Hancock — Yea
Cannella — Nay
Harman — Nay
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Negrete McLeod — Yea
Rubio — Yea
Huff — Nay
Correa — Yea
Anderson — Nay
Blakeslee — Nay
DeSaulnier — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Wyland — Not Voting
Runner — Not Voting
Corbett — Not Voting
Walters — Nay
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Emmerson — Not Voting
Evans — Yea
Dutton — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Unfinished Business SB900 Leno Concurrence

Failed 1 Yea · 26 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 124012
Republican 0100
Democratic 0101
Total 126013
% of votes cast 3%65%0%33%
How each member voted (40)
Member Party Vote
Yee — Nay
Hancock — Nay
Wyland — Nay
Hernandez — Nay
Lowenthal — Nay
Blakeslee — Nay
Kehoe — Nay
Liu — Nay
Simitian — Nay
Steinberg — Nay
Vargas — Yea
Wolk — Nay
De León — Nay
Negrete McLeod — Nay
Rubio — Nay
Evans — Nay
Runner — Not Voting
Cannella — Not Voting
Harman — Not Voting
Huff — Not Voting
Leno — Nay
Dutton — Not Voting
Wright — Nay
Alquist — Nay
Anderson — Nay
Lieu — Not Voting
Pavley — Not Voting
Price — Nay
Walters — Not Voting
Corbett — Nay
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Nay
Fuller — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Not Voting
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

SB 900 Leno Senate Third Reading By ENG

Passed 47 Yea · 24 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 462308
Democratic 1000
Republican 0101
Total 472409
% of votes cast 59%30%0%11%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Fong — Yea
Butler — Yea
Carter — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Not Voting
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Yea
Cedillo — Not Voting
Gorell — Nay
Bonilla — Yea
Atkins — Yea
Hall — Yea
Chesbro — Not Voting
Harkey — Not Voting
Hill — Yea
Huber — Yea
Fletcher — Not Voting
Huffman — Yea
Portantino — Not Voting
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Not Voting
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Halderman — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Feuer — Nay
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

SB 900 Steinberg Senate Third Reading By ENG Amend By ENG Set #1

Passed 50 Yea · 24 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 492305
Democratic 1000
Republican 0101
Total 502406
% of votes cast 63%30%0%8%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Nay
Halderman — Not Voting
Butler — Yea
Feuer — Yea
Gatto — Yea
Hall — Yea
Fong — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Huffman — Yea
Chesbro — Yea
Davis — Yea
Pan — Yea
Perea — Yea
Swanson — Yea
Williams — Yea
Bonilla — Yea
Atkins — Yea
Furutani — Not Voting
Campos — Yea
Garrick — Nay
Fletcher — Not Voting
Hagman — Nay
Harkey — Not Voting
Jeffries — Nay
Lara — Yea
Logue — Nay
Beall — Yea
Block — Yea
Cedillo — Not Voting
Conway — Nay
Cook — Nay
Donnelly — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Chesbro — Yea
Davis — Yea
Miller — Yea
Valadao — Yea
Campos — Yea
Morrell — Yea
Wieckowski — Yea
Feuer — Yea
Bonnie Lowenthal — Yea

Official roll call →

3rd Reading

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 1000
Democratic 2000
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Harman — Yea
Huff — Yea
Lieu — Yea
Runner — Yea
Blakeslee — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Cannella — Yea
Rubio — Yea
Corbett — Yea
Hancock — Not Voting
Hernandez — Not Voting
Correa — Yea
Alquist — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Wolk — Not Voting
Wright — Yea
Anderson — Yea
Liu — Not Voting
Vargas — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Not Voting
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does SB 900 do?
(1) Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default or, in certain circumstances, a notice of sale, to include a declaration stating that the mortgagee, trustee, beneficiary, or authorized agent has contacted the borrower, has tried with due diligence to contact the borrower, or that no contact was required for a specified reason. This bill would add mortgage servicers, as defined, to these provisions and would extend the operation of these provisions indefinitely, except that it would delete the requirement with respect to a notice of sale. The bill would, until January 1, 2018, additionally require the borrower, as defined, to be provided with specified information in writing prior to recordation of a notice of default and, in certain circumstances, within 5 business days after recordation. The bill would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default or, until January 1, 2018, recording a notice of sale or conducting a trustee's sale while a complete first lien loan modification application is pending, under specified conditions. The bill would, until January 1, 2018, establish additional procedures to be followed regarding a first lien loan modification application, the denial of an application, and a borrower's right to appeal a denial. (2) Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale. The bill would, until January 1, 2018, require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date and time, as specified. The bill would provide that an entity shall not record a notice of default or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the deed of trust, the original or substituted trustee, or the designated agent of the holder of the beneficial interest, as specified. The bill would prohibit recordation of a notice of default or a notice of sale or the conduct of a trustee's sale if a foreclosure prevention alternative has been approved and certain conditions exist and would, until January 1, 2018, require recordation of a rescission of those notices upon execution of a permanent foreclosure prevention alternative. The bill would until January 1, 2018, prohibit the collection of application fees and the collection of late fees while a foreclosure prevention alternative is being considered, if certain criteria are met, and would require a subsequent mortgage servicer to honor any previously approved foreclosure prevention alternative. The bill would authorize a borrower to seek an injunction and damages for violations of certain of the provisions described above, except as specified. The bill would authorize the greater of treble actual damages or $50,000 in statutory damages if a violation of certain provisions is found to be intentional or reckless or resulted from willful misconduct, as specified. The bill would authorize the awarding of attorneys' fees for prevailing borrowers, as specified. Violations of these provisions by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be violations of those respective licensing laws. Because a violation of certain of those licensing laws is a crime, the bill would impose a state-mandated local program. The bill would provide that the requirements imposed on mortgage servicers, and mortgagees, trustees, beneficiaries, and authorized agents, described above are applicable only to mortgages or deeds of trust secured by residential real property not exceeding 4 dwelling units that is owner-occupied, as defined, and, until January 1, 2018, only to those entities who conduct more than 175 foreclosure sales per year or annual reporting period, except as specified. The bill would require, upon request from a borrower who requests a foreclosure prevention alternative, a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact and provide the borrower with one or more direct means of communication with the single point of contact. The bill would specify various responsibilities of the single point of contact. The bill would define single point of contact for these purposes. (3) Existing law prescribes documents that may be recorded or filed in court. This bill would require that a specified declaration, notice of default, notice of sale, deed of trust, assignment of a deed of trust, substitution of trustee, or declaration or affidavit filed in any court relative to a foreclosure proceeding or recorded by or on behalf of a mortgage servicer shall be accurate and complete and supported by competent and reliable evidence. The bill would require that, before recording or filing any of those documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower's default and the right to foreclose, including the borrower's loan status and loan information. The bill would, until January 1, 2018, provide that any mortgage servicer that engages in multiple and repeated violations of these requirements shall be liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate. The bill would authorize the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate to adopt regulations applicable to persons and entities under their respective jurisdictions for purposes of the provisions described above. The bill would provide that a violation of those regulations would be enforceable only by the regulating agency. (4) The bill would state findings and declarations of the Legislature in relation to foreclosures in the state generally, and would state the purposes of the bill. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 900?
SB 900 is sponsored by Carter, Calderon, Mitchell, Corbett, Davis, DeSaulnier, Eng, Evans, Feuer, Hancock, Leno, Pavley, Skinner, Steinberg, and Pérez, Sasha Renée (Democratic).
What is the current status of SB 900?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 900?
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