California 2023-2024 Regular Session

California Senate Bill SB455

Introduced
2/13/23  
Introduced
2/13/23  
Refer
2/22/23  
Refer
2/22/23  
Refer
3/20/23  
Refer
3/20/23  
Refer
3/29/23  
Report Pass
4/20/23  
Report Pass
4/20/23  
Refer
4/20/23  
Refer
4/20/23  
Report Pass
5/3/23  
Report Pass
5/3/23  
Engrossed
5/31/23  
Engrossed
5/31/23  
Refer
6/15/23  
Refer
6/15/23  
Report Pass
6/27/23  
Refer
6/28/23  
Refer
6/28/23  
Report Pass
7/6/23  
Report Pass
7/6/23  
Enrolled
9/7/23  
Enrolled
9/7/23  
Chaptered
10/13/23  
Passed
10/13/23  

Caption

State of emergency: mortgage servicers: disasters.

Impact

The impact of SB 455 on state laws includes greater protection for borrowers who utilize insurance proceeds for repairs, ensuring that new mortgage servicers cannot arbitrarily disregard prior agreements made between the borrower and the former servicer. This measure is intended to prevent disruptions in the service of mortgage agreements that could negatively affect homeowners during recovery after disasters, creating a more efficient process for using insurance funds designated for repairs.

Summary

Senate Bill 455, introduced by McGuire, addresses the role of mortgage servicers during times of declared state emergencies or local emergencies, particularly in relation to property damaged by disasters. The bill mandates that when a mortgage servicer transfers its servicing responsibilities to another servicer, it must provide all relevant written records pertaining to the borrower's use of insurance proceeds for repairs or replacements of damaged property. This measure aims to ensure continuity in communication and responsibilities, particularly when properties are affected by significant disasters declared by state or local authorities.

Sentiment

The general sentiment about SB 455 appears to be supportive, as it reflects a legislative effort to enhance consumer protections and facilitate better disaster recovery for homeowners. Stakeholders within the housing and mortgage industries have largely appreciated the clarity and structure the bill brings, particularly during a time when many properties are susceptible to natural disasters. The bill garnered unanimous support during voting, highlighting a broad consensus of backing from the legislature.

Contention

While there seems to be widespread support for SB 455, potential points of contention could arise concerning the operational costs and obligations imposed on mortgage servicers, especially smaller entities that might find compliance with these requirements challenging. Additionally, there may be concerns regarding how effectively the bill will be enforced in practice, particularly in the aftermath of major disasters when resources and communication lines can be strained.

Companion Bills

No companion bills found.

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