AB 1603

Bill Subjects

Abstract

Existing law generally regulates mortgages and deeds of trust, including, among other things, recording mortgages and deeds of trust, disclosures in connection with mortgages and deeds of trust, and foreclosure procedures for mortgages and deeds of trust. This bill would prohibit a mortgage servicer, as defined, from obtaining a replacement policy of hazard, flood, or homeowner's insurance, collectively defined as "force-placed insurance," with respect to a residential property securing a mortgage loan, unless there is a reasonable basis to believe that the borrower has failed to comply with contract requirements to maintain hazard, flood, or homeowner's insurance. The bill would require, if a borrower's existing hazard, flood, or homeowner's insurance policy is paid through an escrow account, that the mortgage servicer advance payments to continue the borrower's existing policy, as specified. The bill would require a mortgage servicer to provide written notices, as specified, to a borrower prior to obtaining force-placed insurance. The bill would specify the circumstances, manner, and limitations under which a mortgage servicer may obtain force-placed insurance, and when a borrower is entitled to a refund from the mortgage servicer in connection with that insurance. The bill would authorize a borrower to bring a civil action in connection with the mortgage servicer's violation of the provisions of the bill. The bill would authorize the Attorney General, district attorney, or city attorney to bring an action for injunctive relief, and for restitution, disgorgement, or damages, as appropriate, for the affected borrowers. The bill would also authorize the Attorney General, district attorney, or city attorney to include a claim for costs, including reasonable attorney's fees and expenses. The bill would further authorize the Attorney General, district attorney, or city attorney to ask the court to levy a civil penalty not exceeding $10,000 against any mortgage servicer who violates the provisions of the bill.