New Foreclosure Law in California does not Hold out Much Hope

mortgage foreclosure

A new foreclosure law (Foreclosure Prevention Act) introduced in California does not hold out much hope for the sufferers. It has now been stipulated that the borrowers must postpone foreclosures for 90 days in those cases where both the parties have not sat down to try and modify the terms of the mortgage. The state law came into effect from Monday 15th June 2009. But Sen. Ellen Corbett (Democrat) warned that nothing will happen overnight. The people must have patience.

The lenders and servicers who are already involved in a modification programme are not included in the conditions of this new law. These programmes modify loans by bringing down the rate of interest for a minimum of five years, reduce part of the principal or defer it to a later date and extend the repayment period to a term of even 40 years.

Chris George of CMG Mortgage Services and also of Mortgage Bankers Association (California) said, “The vast majority of them are already in compliance with some regulation or requirement, either through federal laws or voluntary efforts.”

The lenders will automatically get a stay for 30 days when they ask for an exemption. During this time the officials of the state will find out whether the lending firm has a correct loan modification plan running. George added, “If they do not have a plan in effect, they will be (subject) to that 90-day moratorium.”

The spokesperson of ForeclosureRadar, Sean O’Toole thinks that the law will not have any real impact on the foreclosure scene. “It’s a law you could drive a truck through. All you have to do is put in a loan modification program.”

The director of Center for Responsible Lending based in Oakland, California, Paul Leonard thought that the law highlighted how the state was working in tandem with the federal government. Incentives are being offered to the lenders, the servicers and even the borrowers who take part in this programme. He said, “It’s a bit of a stick that will create incentives for the lenders and services to participate in the Obama plan.”

A spokeswoman from Corbett’s that as yet there are no details about how many will benefit from this new foreclosure law. The new law is applicable to those who have taken out first mortgages from 1st January 2003 to 1st January 2008 for homes occupied by owners.

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