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Financial Services Law Insights and Observations

Key Parts of California "Homeowner Bill of Rights" Signed Into Law

Foreclosure Mortgage Servicing

Lending

On July 11, California Governor Jerry Brown signed into law two bills (AB 278 and SB 900) that form part of the state’s proposed “Homeowner Bill of Rights.” Effective January 1, 2013, the two substantively identical bills will (i) codify a number of protections similar to those contained in the Multistate Servicer Settlement between 49 state attorneys general, the Federal Government, and the nation’s five largest mortgage servicers announced in February, (ii) amend the mechanics of California’s foreclosure processes, and (iii) provide borrowers with new private rights of action. Several other parts of the Homeowner Bill of Rights remain pending, as described in a fact sheet prepared by the California Attorney General.