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This bill give lawyers a reason to talk lenders into substantial loan modifications - if you are looking to negotiate more than the typical lender loan mod, you may wish to leverage this new California Loan Modification law.
Here is a critical piece of Senate Bill SB 1137 -
(b) High foreclosure rates have adversely affected property values
in California, and will have even greater adverse consequences as
foreclosure rates continue to rise. According to statistics released
by the HOPE NOW Alliance, the number of completed California
foreclosure sales in 2007 increased almost threefold from 1,902 in
the first quarter to 5,574 in the fourth quarter of that year. Those
same statistics report that 10,556 foreclosure sales, almost double
the number for the prior quarter, were completed just in the month of
January 2008. More foreclosures means less money for schools, public
safety, and other key services.
(c) Under specified circumstances, mortgage lenders and servicers
are authorized under their pooling and servicing agreements to modify
mortgage loans when the modification is in the best interest of
investors. Generally, that modification may be deemed to be in the
best interest of investors when the net present value of the income
stream of the modified loan is greater than the amount that would be
recovered through the disposition of the real property security
through a foreclosure sale.
(d) It is essential to the economic health of California for the
state to ameliorate the deleterious effects on the state economy and
local economies and the California housing market that will result
from the continued foreclosures of residential properties in
unprecedented numbers by modifying the foreclosure process to require
mortgagees, beneficiaries, or authorized agents to contact borrowers
and explore options that could avoid foreclosure. These changes in
accessing the state's foreclosure process are essential to ensure
that the process does not exacerbate the current crisis by adding
more foreclosures to the glut of foreclosed properties already on the
market when a foreclosure could have been avoided. Those additional
foreclosures will further destabilize the housing market with
significant, corresponding deleterious effects on the local and state
economy.
If you have California Real Estate you may wish to speak with an attorney about leveraging this bill (which recently became law). You may be able to negotiate a principle reduction.
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