California AG Brown Calls on Banks to Stop Foreclosures in California – NMP Skip to main content

California AG Brown Calls on Banks to Stop Foreclosures in California

Oct 11, 2010

Following his office's negotiations with the state's top loan servicers and the recent announcement by Bank of America that it is temporarily halting foreclosures nationwide, California Attorney General Edmund G. Brown Jr. has called on the state's other lenders to halt foreclosing on California homes until the banks can demonstrate that they are complying with state law. "All lenders should halt foreclosures until they clear up this mess and ensure that the process is fair and complies with California law," Attorney General Brown said. "Bank of America has taken an important step, and the other major lenders should follow its lead." California law prohibits lenders from recording notices of default on mortgages made between Jan. 1, 2003 and Dec. 31, 2007, unless, subject to limited exceptions, the lender contacts or tries diligently to contact the borrower to determine eligibility for a loan modification. A notice of default must include a declaration of compliance with California law. In the past few weeks, Brown's office has been in discussions with Bank of America, Ally Financial, JP Morgan Chase, Wells Fargo and OneWest to ascertain whether they are complying with California law. Brown's office has called on those banks to show they are complying with state law before continuing with foreclosures. JP Morgan Chase, the nation's third largest loan servicer, Ally Financial and One West have admitted that employees approved and signed foreclosure documents without first fully reviewing the borrowers' loan files. As a result, those borrowers lost their homes based on affidavits the bank never confirmed were accurate. Ally Financial and JP Morgan have suspended foreclosures in 23 other states that, unlike California, require a court order for foreclosures. For more information, visit http://ag.ca.gov.
About the author
Published
Oct 11, 2010
IMBs Make Most Mortgages. CHLA Says It’s Time They Got FHLBank Access.

As FHFA moves to give Federal Home Loan Banks more flexibility, the trade group is renewing its push to give qualified independent mortgage banks access to FHLBank membership and liquidity

Insuring The Risk To Lenders At Closing

Traditional protections like title insurance and closing protection letters may leave lenders exposed to significant settlement, funding, and fraud-related losses

CHLA Uses Trump Mortgage Order To Renew Push For LO Comp Reform

Community lenders want more flexibility over employee compensation, closing-cost estimates, down payment assistance, and federal supervision of smaller IMBs

Servicers Begin Testing Systems Ahead of VA Partial Claim Deadline

VA lenders and servicers have until Nov. 28 to implement the new loss mitigation waterfall and Partial Claim Program

ROAD Act’s Housing Incentive May Be Too Small To Move Supply

Realtor.com finds the median city risks losing only about $84,000, although the policy could carry more weight in supply-starved Northeast and Midwest markets

CRA Proposal Could Reshape Bank Lending And Affordable Housing Investment

The OCC and FDIC would put more weight on lending while easing community development requirements for hundreds of banks