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Why is this Senate Bill a good thing? Guess what, its NOT!

By
Real Estate Agent with Realty Executives

On DSNews.com today...

Foreclosure Prevention Bill Passes California Senate

Kerri Panchuk | 07.03.08The California Mortgage Bankers Association applauded the state Senate's passage of Bill 1137 on Wednesday.

The bill, which passed the House in late June, is designed to give distressed borrowers more protection by giving those in trouble more notice before eviction-namely 60 days rather than 30 days. The bill also would increase the requirements for the maintenance of foreclosed properties to ensure property values do not suffer because of fledgling properties.

In a press statement, the association said, "SB 1137 is an excellent example of the good work that can be done when all interested parties work in good faith to develop solutions that help Californians facing challenges arising from the downturn in the state's real estate market."

Under terms of the bill, financial institutions that hold foreclosed properties can be fined up to $1,000-per-day if maintenance problems on properties are not fixed within 14 days. The bill will now go to the desk of California Governor Arnold Schwarzenneger.

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What are people thinking?????  I don't understand how giving occupants more time to get out of the house they have already stopped making payments for a minimum of four months can get an extra two months after the home has been sold to the trustee. 

Also, you know the occupants are not keeping the property up.  Are they going to be fined for not keeping up the property?  No, it will fall on the US - the REO listing agents, the asset managers and the banks.  And guess what, now that the occupants get more time, the standards for upkeep are going to be tougher now too.  I love that. 

This bill makes no sense to me other than it makes the politicians look good for an election year.  Bravo.  Good job Govenator!!  Smart thinking CA Senate! 

Posted by

Susan Manning

Comments(5)

Robert Huntsinger
Empire Realty - Upland, CA
Empire Realty Upland, CA - Full Service at a Discount

Susan,

I am with you, people have more than enough time before they reach a foreclosure sale, many instances well over 9 months.  I have one client that has not made a payment since June 2007.

Take care!

RJH

Jul 03, 2008 06:33 AM
Mark Organek
And the United States of America - Mesa, AZ
It's not a game, it's your life.

Susan, I see your viewpoint.  Instead of extending the process by 30 days, they should've allowed the banks to take action 30 days sooner.  Most REO's I've looked at were trashed before the owners moved out.  At a minimum, they just stopped maintaining the home.  Giving an extra 30 days just seems to create more time for damage to occur.  You can't really blame the owners for the depression they might be experiencing but why prolong it?

Jul 03, 2008 06:40 AM
Kim Cameron, CRS
Better Homes & Gardens Preferred Properties - Town and Country, MO
Broker Salesperson, CRS

Susan, I couldn't agree with you more! Extra time does not mean extra care to the property or more cooperative home owner. We need the Senate to consider a bill that will actually make a difference, not delay the inevitable.

Jul 03, 2008 06:44 AM
Susan Manning
Realty Executives - Temecula, CA

Hey guys, the sad part about it is that the politicians are doing this so they can go "hey, look how great we are..."

Jul 03, 2008 06:53 AM
Aida Pinto
Independent Real Estate Broker - Los Angeles, CA
Real Estate Broker (562) 884-6196

Hi Susan---great post and thanks for sharing--I am with you on this one!

While I feel badly for people going through foreclosure---but they knew that at one point they were going to have to leave!  Why not leave quietly and why trash the place!   That never made sense to me.  Yes, they maybe angry--but why take it out on the house.  What are they teaching their children?  And isn't it a crime to vandalizee someone eles's pproperty?

Jul 05, 2008 04:51 AM