(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 to include a declaration stating that the trustee, beneficiary, or authorized agent has contacted the borrower, or has tried with due diligence to contact the borrower, or that no contact was required for a specified reason. This bill would additionally require the borrower to be provided, if applicable, with a deadline for the borrower to submit an initial application for a loan modification. The bill would require the declaration to also state that the borrower was not a servicemember or dependent of a servicemember entitled to benefits under the federal Servicemembers Civil Relief Act, that the mortgagee, trustee, beneficiary, or authorized agent has possession of the note and mortgage, or deed of trust, and other specified documents that evidence the right to foreclose, and has attached copies thereof to the declaration, as specified, or a separate declaration containing specified information, if the above described documents cannot be located. The bill would prescribe procedures and notices that must be sent by the mortgagee, trustee, beneficiary, or authorized agent if the notice of default was filed prior to January 1, 2013, and a notice of rescission was not subsequently recorded. The bill would prohibit recording a notice of default unless a specified written notice has been sent at least 14 days before a notice of default is recorded. The bill would prohibit a notice of default from being recorded while a loan modification application is pending, under specified conditions, and would establish additional procedures to be followed regarding the loan modification application before a notice of default could be recorded. (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 sale. This bill would impose additional requirements pertaining to applications for loan modifications that must be satisfied prior to recording a notice of sale in order to exercise a power of sale. The bill would 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, time, and location when the new sale date is at least 10 calendar days after the date of postponement, as specified. The bill would establish procedures for a loan modification application process to be used after a notice of sale has been recorded. The bill would prohibit a notice of sale from being recorded under certain conditions, including, among others, if the borrower is in compliance with a loan modification plan, forbearance, or loan repayment plan, as specified, or if a short sale or deed-in-lieu of foreclosure has been approved, as specified. The bill would require mortgagees, trustees, beneficiaries, or authorized agents to track and record specified data pertaining to loan modification agreements. The bill would prohibit the collection of late fees while a loan modification or short sale is being considered, if certain criteria are met. (3) The bill would repeal duplicate provisions of law. (4) The bill would authorize a borrower to seek an injunction of a pending trustee's sale if a notice of sale has been recorded and the borrower reasonably believes that the mortgagee, trustee, beneficiary, or authorized agent failed to comply with specified requirements. The bill would authorize the greater of actual damages or $10,000 in statutory damages if there is a failure to comply with specified requirements by the mortgagee, trustee, beneficiary, or authorized agent and the property is sold at a foreclosure sale. The bill would authorize the greater of treble damages or $50,000 in statutory damages if the failure to comply is found to be intentional or reckless or resulted from willful misconduct, as specified. (5) The bill would establish the Office of Homeowner Protection, that would have responsibility, among other things, for responding to inquiries and complaints from individuals regarding foreclosures and other procedures and requirements as described above, attempting to seek compliance by mortgagees, trustees, beneficiaries, or authorized agents regarding foreclosures and other procedures and requirements as described above, and maintaining an Internet Web site that is capable of receiving inquiries and complaints from individuals and that provides information to the public about publicly available resources intended to help individuals avoid foreclosure. The bill would express the intent of the Legislature that the office be funded by payments made available to the Attorney General via the Special Deposit Fund, created pursuant to specified federal settlement agreements.
Sponsored bills
Existing law creates the Metropolitan Transportation Commission with specified powers and duties relative to transportation planning and programing for the 9-county Bay Area region comprising the commission's jurisdiction. Existing law authorizes the commission to impose a regional tax on gasoline used by motor vehicles not to exceed $0.10 per gallon for up to 20 years within the region, subject to 23 voter approval. This bill would modify these provisions by providing for the commission to submit the proposed ballot measure to voters of one or more counties within the 9-county region rather than to all counties. The bill would delete the requirement for an independent audit of the State Board of Equalization relative to reimbursement of the board for its actual administrative costs associated with the regional gasoline tax, and would make various other changes. Existing law authorizes the commission to issue limited tax bonds secured by the regional gasoline tax revenues under certain conditions. This bill would repeal certain of these provisions and enact new provisions authorizing the commission to issue bonds secured by all or a portion of the net regional gasoline tax revenues. The bill would provide that interest earned on any of these bonds is free from state personal income tax and corporate income tax. The bill would authorize the commission to pledge net revenues to secure any repayment or reimbursement obligations of the commission to any provider of insurance or a guarantee of liquidity or credit facility entered into to provide for the repayment of the bonds, and would authorize the commission to employ and compensate bond counsel, financial consultants, and other advisers in connection with these bonds.
This measure would respectfully request Congress and the Department of Defense to remain committed to maintaining the 144th Fighter Wing and the Aerospace Control Alert mission in California in order to prevent any negative impacts to Southwest air defense operations, the California economy, and the ability of first responders to protect the residents of this state.
Existing law, the Marriage and Family Therapist Act, provides for the licensure and regulation of marriage and family therapists and marriage and family therapist interns and trainees by the Board of Behavioral Sciences. Existing law, until January 1, 2013, requires the issuance of a license to practice marriage and family therapy to qualified applicants, as defined, who pass a board-administered written or oral examination or, under specified circumstances, a clinical vignette written examination. Existing law, on or after January 1, 2013, requires that a license be issued to qualified applicants upon the passage of a clinical examination and a California law and ethics examination, subject to specified fees, and requires applicants for licensure to retake the law and ethics examination under certain circumstances, as specified. Existing law, on and after January 1, 2013, requires marriage and family therapist interns to take the law and ethics examination, subject to specified fees. This bill would instead make these provisions operative as of January 1, 2014.
This measure would designate March 25 through March 31, 2012, as California Tsunami Awareness Week.
This measure would declare the week of March 12, 2012, through March 16, 2012, as Multiple Sclerosis Awareness Week.
This measure would declare March 2012 to be Campus Safety Month, and would encourage citizens to visit the Internet Web site of the national nonprofit organization Security On Campus, Inc., to view public safety information about public and private colleges and universities.
This measure would recognize the month of February 2012 as American Heart Month in California and recognize February 3, 2012, as Wear Red Day in California.