Unfortunately, this very logical bill, which passed both the assembly and senate was vetoed by the Governor. But CAR (California Association of Realtor) will renew its fight next year for a similar bill – Sylvia
A relief for homeowners with deficiency on thier refinanced original mortgage loans and who are now facing foreclosure is one the way –
According to news just released by California Association of Realtors on August 19, 2010 that CA State Assembly passes SB 1178 protecting homeowners:
The bill essentially allows homeowners who defaulted on the mortgage that are part of refinance of the original purchase debt to limit their liability to the property itself; same as the treatment of the original ‘purchase money’ loan.
The bill moves to Government Schwarzenegetter for signature and if signed, will become effective June 2011.
This Only Makes Sense!
Following is the Press Release:
Thursday, Aug. 19, 2010
California State Assembly passes SB 1178 protecting homeowners
Measure protecting consumers from overreaching lenders now goes to governor’s desk for signature
LOS ANGELES (Aug. 19) – The California State Assembly today approved SB 1178 (D-Corbett) by a 49 to 14 vote, extending anti-deficiency protection for consumers who have refinanced their original mortgage loans and now are facing foreclosure. The CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) is the sponsor of the consumer-protection legislation.
Under existing law, if a homeowner defaults on a mortgage used to purchase a home-commonly referred to as a “purchase money mortgage”-the homeowner’s liability on the mortgage is limited to the property itself. However, homeowners who refinanced the original purchase debt, even if only to obtain a lower interest rate, were not extended the same protections. SB 1178 corrects this unfairness and extends the same protections to consumers who refinance their home loans.
“Cash-out” debt for home improvement or consumer expenses is not protected by SB 1178. Similarly, additional new debt secured by the home, such as a home improvement loan, is not protected-only original acquisition debt.
“Today’s vote was a victory for homeowners in California, but the fight is not yet finished,” said C.A.R. President Steve Goddard. “We are urging Gov. Schwarzenegger to swiftly sign into law this crucial piece of legislation. Passage of SB 1178 will ensure lenders underwrite refinance loans at least as carefully as purchase money mortgages and will provide much-needed consumer protection.”
SB 1178 now moves to Gov. Schwarzenegger for his signature. If signed, SB 1178 will become effective June 2011.
Leading the way…® in California real estate for more than 100 years, the CALIFORNIA ASSOCIATION OF REALTORS® (www.car.org) is one of the largest state trade organizations in the United States with nearly 160,000 members dedicated to the advancement of professionalism in real estate. C.A.R. is headquartered in Los Angeles. ###