Section § 3273.20

Explanation
This law is called the “Mortgage Forbearance Act.”
This title is known, and may be cited, as the “Mortgage Forbearance Act.”

Section § 3273.21

Explanation

This section defines key terms for understanding borrower rights and loan services in the context of disaster-related relief in California. A 'borrower' is someone with a mortgage, but not someone who has given up their property or has a notice of default unless rescinded. A 'federally backed loan' is one tied to federal agencies. 'Disaster-related forbearance relief' involves relief methods set by these agencies. A 'mortgage servicer' is responsible for loan account management but doesn't include trustees selling homes. 'Residential mortgage loan' refers to loans on small residential properties. 'Wildfire disaster' refers to emergencies declared by the state or federal government concerning specific natural events.

For purposes of this title, the following terms have the following meanings:
(a)Copy CA Civil Law Code § 3273.21(a)
(1)Copy CA Civil Law Code § 3273.21(a)(1) “Borrower” means a natural person who is a mortgagor or trustor, or a person who holds a power of attorney for a mortgagor or trustor.
(2)CA Civil Law Code § 3273.21(a)(2) “Borrower” does not include an individual who has surrendered the secured property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent.
(3)CA Civil Law Code § 3273.21(a)(3) “Borrower” does not include an individual who has a recorded notice of default recorded against the real property that is secured by the residential mortgage loan before the beginning of the wildfire disaster unless the notice of default was rescinded.
(b)CA Civil Law Code § 3273.21(b) “Federally backed loan” means a residential mortgage loan that is insured, guaranteed, purchased, or secured by a federal agency or government-sponsored entity.
(c)CA Civil Law Code § 3273.21(c) “Disaster-related forbearance relief” means the relief described in servicing guidelines for federally backed loans.
(d)Copy CA Civil Law Code § 3273.21(d)
(1)Copy CA Civil Law Code § 3273.21(d)(1) “Mortgage servicer” means a person or entity who directly services a loan or who is responsible for interacting with the borrower, managing the loan account on a daily basis, including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note and security instrument, either as the current owner of the promissory note or as the current owner’s authorized agent.
(2)CA Civil Law Code § 3273.21(d)(2) “Mortgage servicer” also means a subservicing agent to a master servicer by contract.
(3)CA Civil Law Code § 3273.21(d)(3) “Mortgage servicer” does not include a trustee, or a trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust.
(e)CA Civil Law Code § 3273.21(e) “Residential mortgage loan” means a loan that is secured by residential real property improved by four or fewer residential units.
(f)CA Civil Law Code § 3273.21(f) “Wildfire disaster” means the conditions described in the proclamation of a state of emergency issued by Governor Gavin Newsom on January 7, 2025, or the federally declared disaster, declared on January 8, 2025, related to the Eaton Wildfire, the Palisades Fire, and the Straight-line Winds (DR-4856-CA).

Section § 3273.22

Explanation

This law states that certain rules apply to banks, financial institutions, and certain licensed financial service providers under specific sections of the Financial Code or Business and Professions Code in California.

This title applies to a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code.

Section § 3273.23

Explanation

This law is about helping homeowners who are struggling to make mortgage payments because of wildfire-related financial difficulties. If a borrower is having trouble due to wildfires, they can ask for their mortgage payments to be paused, which is called forbearance. They need to let their lender know before six months after the state emergency ends or by January 7, 2027, whichever comes first, and confirm their hardship is due to the wildfires. Lenders must offer a 90-day pause period, which can be extended up to a year in 90-day increments if needed. The lender has to respond to these requests within 10 business days and provide reasons if they deny the request. Borrowers can fix application issues within 21 days if there are any, and no late fees or higher interest rates will be charged during the pause period. Finally, credit reports should not show a negative impact due to the forbearance.

(a)CA Civil Law Code § 3273.23(a) A borrower who is experiencing financial hardship that prevents the borrower from making timely payments on a residential mortgage loan due directly to the wildfire disaster may request forbearance on the residential mortgage loan by doing both of the following:
(1)CA Civil Law Code § 3273.23(a)(1) Submitting a request to the borrower’s mortgage loan servicer before the earlier of either of the following:
(A)CA Civil Law Code § 3273.23(a)(1)(A) Six months after the date upon which the state of emergency issued by Governor Gavin Newsom on January 7, 2025, is terminated.
(B)CA Civil Law Code § 3273.23(a)(1)(B) January 7, 2027.
(2)CA Civil Law Code § 3273.23(a)(2) Affirming that the borrower is experiencing a financial hardship due to the wildfire disaster.
(b)CA Civil Law Code § 3273.23(b) Upon a request by a borrower for forbearance under subdivision (a), a mortgage servicer shall offer mortgage payment forbearance for a period of up to an initial 90 days, which shall be extended at the request of the borrower in 90-day increments, up to a maximum forbearance period of 12 months.
(c)CA Civil Law Code § 3273.23(c) The borrower shall be notified within 10 business days by the mortgage servicer whether their request for forbearance has been approved.
(d)CA Civil Law Code § 3273.23(d) If the mortgage servicer, acting under delegated authority to make forbearance determinations on behalf of the investor, denies a forbearance request within the maximum allowable forbearance period of 12 months pursuant to subdivision (b), the mortgage servicer shall not be in violation of this section if the mortgage servicer provides written notice to the borrower stating the specific reason for denial. The notice shall include both of the following:
(1)CA Civil Law Code § 3273.23(d)(1) A clear and concise explanation of the specific investor provision that is the basis for the denial.
(2)CA Civil Law Code § 3273.23(d)(2) The text of the specific investor guideline or contractual provision that is the basis for the denial of the borrower’s forbearance request.
(e)CA Civil Law Code § 3273.23(e) If the written notice in subdivision (c) cites any defect in the borrower’s request, including an incomplete application or missing information, that is curable, the mortgage servicer shall do all of the following:
(1)CA Civil Law Code § 3273.23(e)(1) Specifically identify any curable defect in the written notice.
(2)CA Civil Law Code § 3273.23(e)(2) Provide 21 calendar days from the mailing date of the written notice for the borrower to cure any identified defect.
(3)CA Civil Law Code § 3273.23(e)(3) Accept the borrower’s revised request for forbearance before the 21-day period described in paragraph (2) lapses.
(4)CA Civil Law Code § 3273.23(e)(4) Respond to the borrower’s revised request within five business days of receipt of the revised request.
(f)CA Civil Law Code § 3273.23(f) The forbearance period required by subdivision (b) shall include any period of forbearance related to the wildfire disaster that a mortgage servicer has provided to a borrower before the effective date of this title.
(g)CA Civil Law Code § 3273.23(g) During the period of forbearance required by this section, no late fees shall be assessed to the borrower’s account and the borrower shall not be charged a default rate of interest.
(h)CA Civil Law Code § 3273.23(h) No later than 30 calendar days before the end of an initial forbearance period, a mortgage servicer shall provide written notice to the borrower disclosing both of the following:
(1)CA Civil Law Code § 3273.23(h)(1) Any documentation or forms that the mortgage servicer requires the borrower to furnish or complete to be considered for an additional period of forbearance.
(2)CA Civil Law Code § 3273.23(h)(2) A description of the deadlines and timelines associated with considering the borrower for an additional period of forbearance.
(i)CA Civil Law Code § 3273.23(i) A mortgage servicer shall report the credit obligations of borrowers under a disaster-related forbearance plan in compliance with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). For accounts granted disaster-related mortgage payment relief pursuant to this title, a mortgage servicer shall not furnish information during the forbearance period indicating that the payments are in forbearance and shall do either of the following:
(1)CA Civil Law Code § 3273.23(i)(1) Report the credit obligation or account as current.
(2)CA Civil Law Code § 3273.23(i)(2) If a borrower was delinquent before the disaster-related forbearance plan, the mortgage servicer shall:
(A)CA Civil Law Code § 3273.23(i)(2)(A) Maintain the delinquent status during the period in which the plan is in effect.
(B)CA Civil Law Code § 3273.23(i)(2)(B) If the consumer brings the account current during the forbearance period, report the account as current.

Section § 3273.24

Explanation

If you've been granted a pause (or forbearance) on your mortgage payments, the mortgage service company must tell you at the start that you'll eventually have to pay back those skipped payments. However, they can't make you pay it all back at once if you were up to date with your payments before the forbearance started.

(a)CA Civil Law Code § 3273.24(a) A mortgage servicer shall disclose to a borrower to whom a forbearance has been granted pursuant to Section 3273.23 that the forborne mortgage payments are required to be repaid.
(b)CA Civil Law Code § 3273.24(b) The disclosure required by subdivision (a) is only required to be furnished to the borrower once at the beginning of the forbearance period.
(c)CA Civil Law Code § 3273.24(c) A lump sum payment shall not be required for a borrower who was current on the residential mortgage loan when the borrower entered forbearance.

Section § 3273.25

Explanation
If you've been given a pause on your mortgage payments, known as forbearance, your mortgage company cannot start or continue the process of taking your home, as long as you're following the rules of this pause agreement.
During the time of forbearance granted pursuant to this title, a mortgage servicer shall not initiate any judicial or nonjudicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale if the borrower is performing pursuant to the terms of the forbearance.

Section § 3273.26

Explanation
If someone doesn't follow the rules in this title, it won't make a property sale, like a trustee's sale or a sale to an honest buyer who paid fairly, invalid or void.
Failure to comply with this title shall not affect the validity of a trustee’s sale or a sale to a bona fide purchaser for value.

Section § 3273.27

Explanation

This law states that a person won't be held responsible for not following a particular law section if doing so conflicts with the rules for servicing federally backed loans, like those from Fannie Mae, Freddie Mac, FHA, VA, or USDA. For non-federally backed residential loans, a person is also not liable if there's a conflict with Fannie Mae or Freddie Mac's guidelines. 'Conflict' means it's impossible to follow both the law and these guidelines at the same time.

(a)Copy CA Civil Law Code § 3273.27(a)
(1)Copy CA Civil Law Code § 3273.27(a)(1) With respect to a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines applicable to the federally backed loan.
(2)CA Civil Law Code § 3273.27(a)(2) Servicing guidelines applicable to a federally backed loan includes servicing guidelines like those issued by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), the Single Family Housing Policy Handbook issued by the Federal Housing Administration of the United States Department of Housing and Urban Development, the VA Servicer Handbook issued by the United States Department of Veterans Affairs, or a servicing handbook issued by the Rural Development division of the United States Department of Agriculture, as those guidelines existed on January 13, 2025.
(b)CA Civil Law Code § 3273.27(b) With respect to a residential mortgage loan that is not a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines issued by Fannie Mae or Freddie Mac.
(c)CA Civil Law Code § 3273.27(c) For purposes of this section, “conflicts with” means that it is impossible to comply with this title and the person’s obligation under the applicable servicing guidelines.

Section § 3273.28

Explanation

This law requires the Department of Financial Protection and Innovation to share specific information on their website. They must include links to guidelines on disaster-related loan relief, a summary of rules from Fannie Mae and Freddie Mac to help borrowers understand their rights, and a phone number for those needing assistance.

The Department of Financial Protection and Innovation shall post all of the following on its website:
(a)CA Civil Law Code § 3273.28(a) Links to the provisions of servicing guidelines pertaining to disaster-related forbearance relief for federally backed loans.
(b)CA Civil Law Code § 3273.28(b) A summary of Fannie Mae and Freddie Mac guidance to assist borrowers in understanding their forbearance programs.
(c)CA Civil Law Code § 3273.28(c) A dedicated telephone number for borrowers seeking assistance.

Section § 3273.29

Explanation

This section states that the goal of the law is for mortgage servicers to offer loan forbearance to borrowers when possible, but without breaking any existing contracts with investors who own or insure the mortgage. Additionally, this law does not apply to guidelines that aren't related to forbearance due to disasters.

(a)CA Civil Law Code § 3273.29(a) It is the intent of the Legislature that a mortgage servicer offer a borrower forbearance that is consistent with the mortgage servicer’s contractual or other authority. Nothing in this title requires a mortgage servicer to take any action that would require the mortgage servicer to breach the terms of an existing contract with the investor that owns or insures the residential mortgage loan.
(b)CA Civil Law Code § 3273.29(b) It is the intent that this title not apply to servicing guidelines that are unrelated to disaster-related forbearance relief.

Section § 3273.30

Explanation

This law states that if one part of the law is found to be invalid or unenforceable, it doesn't affect the rest of the law. The remaining parts can still be applied and enforced on their own.

The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.