Mortgages: deeds of trust: successors in interest.
Summary
Existing state law regulates reverse mortgages and defines a reverse mortgage to mean a nonrecourse loan secured by real property if the loan provides cash advances to a borrower based on the equity or the value in a borrower's owner-occupied principal residence, the loan requires no payment of principal or interest until the entire loan becomes due and payable, and the loan is made by a specified licensed or chartered lender. Existing law prohibits a mortgage servicer, upon notification that a borrower has died by a person claiming to be a successor in interest, from recording a notice of default until the mortgage servicer gives an opportunity for the claimant to show that he or she is a successor in interest, as specified. Existing law requires a mortgage servicer, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. Existing law also requires a mortgage servicer to allow a successor in interest to assume the deceased borrower's loan or to apply for foreclosure prevention alternatives on an assumable loan, as specified. Existing law provides other protections for these successors in interest and deems a mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an agent thereof, to be in compliance with the above-described provisions if they comply with specified federal laws. Existing law makes these provisions inoperative on January 1, 2020. This bill would make those provisions inapplicable to reverse mortgages, as defined, and would delete certain obsolete references.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2018
Committee Review
Jun 2018
Senate Passage
May 2018
Assembly Passage
Jul 2018
Signed into Law
Jul 2018
Introduced Feb 15, 2018
Signed Jul 18, 2018
Floor votes · Senate May 10, 2018 · Assembly Jul 2, 2018
How they voted
30–0
Passed · 1 other
Total votes 31
May 10, 2018
D
Democratic21
95% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
24
Key actions
7
Committee
8
Jul 18, 2018
Signed into law
Approved by the Governor.
legislature
Jul 2, 2018
Assembly · Passed
Assembly Vote: pass (67-0-3)
assembly
Jun 26, 2018
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 26).
lower
Jun 19, 2018
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 18). Re-referred to Com. on JUD.
lower
May 25, 2018
Committee
Referred to Coms. on B. & F. and JUD.
lower
May 10, 2018
Senate · Passed
Senate Vote: pass (30-0-1)
senate
May 2, 2018
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 4915.) (May 1).
upper
Apr 4, 2018
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4532.) (April 4). Re-referred to Com. on JUD.
upper
Mar 15, 2018
Committee
Re-referred to Coms. on B. & F.I. and JUD.
upper
Mar 15, 2018
Committee
Re-referred to Com. on RLS.
upper
Mar 1, 2018
Committee
Referred to Coms. on I., B. & F.I. and JUD.
upper
Feb 15, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mike Morrell
RRepublican
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