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California Legislation to Quell "Double Tracking" by Banks

By
Real Estate Agent

Late breaking news for California homeowners surfaced today, from the office of Kamala Harris, California Attorney General.  In hopes of helping troubled homeowners stay in their homes, a series of legislative bills have been approved by state lawmakers,

The focus of the legislation is to tackle practices some homeowners see as egregious in the foreclosure process, which often appear inconsistent and arbitrary.

Attorney General Harris is a key sponsor of this legislation, and cites 1 million Californians who lost their homes to foreclosure between 2008 and 2001, while another 500,000 homeowners are in the foreclosure pipeline.

Governor Jerry Brown is expected to sign the legislation, barring the practice labeled as “dual-tracking.”  The “dual-tracking” practice occurs when a bank continues the process of foreclosing even when a homeowner is attempting a loan modification. 

The legislation would also require banks to provide a single point of contact to struggling borrowers.

During the announcement of these developments today, it was also emphasized that it will be up to homeowners to see these new rules are enforced.  The remedy will be for the homeowner to take the lender to court.

These bills reflect protections extended to troubled homeowners under a settlement between 49 states attorneys general and five of the largest U.S. banks, brought over “robosigning” practices.   This new legislation however, would apply to ALL banks, with the exception of those that process fewer than 175 foreclosures a year.

There are several news articles devoted to these developments.  They can be accessed as follows:

(1) ”Legislature Passes Homeowners’ Bill of Rights” – San Francisco Chronicle

(2) “Homeowner Bill of Rights Passes California Assembly & Senate” – Yahoo News 

(3)    “Homeowner Protection Bills Go to Governor” – Mercury News 

(4) “Homeowner Bill of Rights Heads to Brown” – News10.Net

Posted by

Myrl Jeffcoat ActiveRain Signature
  

Comments(6)

Rene Fabre
ARFCO Media - Renton, WA
Practicing Philosophical Eclectic of the Arts

Myrl: This is great news if it gives any kind of break to real homeowners. Robosigning brought on a total nightmare, I am hoping California (which has always been a leader) will find a course of redemption for homeowners. I'll check out your links for more info, thanks!

Jul 02, 2012 02:09 PM
William Johnson
Retired - La Jolla, CA
Retired
Hi Myrl, Bonanza Day for litigation attornies. I'll bet there will be some great deals for no up front fee lawsuits. I suppose if I were lender, I would stop lending to California homebuyers. I guess this is the fear that the California Association of REALTORS feels will be one of the potential outcomes.
Jul 02, 2012 03:30 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Myrl - I think this is important legislation.  I think it's unfortunate that the homeowners have to take it to court to enforce, though perhaps it's the only way to make it work.

Jul 02, 2012 04:58 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Rene' - I am hopeful the legislation will bring some relief, but I'm not holding my breath.  It seems nearly all moves at the federal, state and local levels have brought too little far too late.  Still perhaps, it will be another tool, to help.

William - When I read through these reports, the windfall for attorneys came to my mind also.  I do believe it would have been far better to have had a governing agency with teeth attached, help troubled homeowner seeking remedy with the banks.  However, with California's budget woes, Governor Jerry Brown has been fairly aggressive in trying to scale down the size of bloat at the state government level.  There may not be the manpower to oversee this type of activity.  Somehow, I don't think lenders will stop lending.  Afterall, they usually get their money one way or another.  Either through actual payment, through PMI-MIP insurance, or government bailouts!

Christine - I think it is very unfortunate that homeowners are required to take it to court to enforce.  History has been, that banks have paid pennies on the dollar for their shenanigans during this banking-housing crisis, and it doesn't appear it is going to change soon.  The penalities on banks with this legislation aren't especially high.  Therefore, how many attornies will actually want to take these cases? 

ALL - Just to put this in perspective, over the weekend, I heard of a case that will put a human face to all this.  I often think real estate professionals have dwelled at the front lines of the foreclosure and distressed housing arena so long now, that we become "accustomed" to the massive pain many have endured, similar to a trauma doctor in ER.  I personally know another couple in another state, who purchased their home at the height of the market in 2006.  They were in their late 50s. The home was to be their retirement home after many years of very hard work.  They put 40% down, with the hope of paying it off 5 years later with retirement fund money from 401Ks, etc.  The housing in their area has plummented 50%.  Gone is the equity in the home.  Mr. Homeowner lost his job 2 years ago, and has not been able to replace it other than with temporary small jobs will low wage and no benefits.  Their retirement accounts also took major hits because of what happened to Wall Street in 2008, but there has been some recovery.  The stress has taken a toll on this couple, and Mrs. Homeowners suffered a significant stroke 4 months ago.  Things are not easy out there.  It may be a little easy for real estate professionals to become jaded while viewing homes as simple inventory.  But, there is a significant human element here, and usually a pain filled story behind each of those homes!   

Jul 02, 2012 09:18 PM
Roy Kelley
Retired - Gaithersburg, MD

I hope that other states will enact the same kind or legislation.

Thanks for sharing this information.  

Jul 03, 2012 03:10 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Myrl,

Like William, I thought of the attorneys finding new litigation venues, and I agree with your response on Jerry Brown wanting to stop the bloat in the California government...we have plenty as it is.  It is an important piece of legislation.  Your story of the couple is heart renching...We cannot become oblivious. A

Jul 03, 2012 04:04 AM