California Homeowner Bill of Rights passes Legislature; mortgage reforms one step closer to law

Attorney General Kamala D. Harris announced that the California Homeowner Bill of Rights is one step closer to becoming law after key provisions passed the California Legislature Monday.

The bills, which provide first of their kind protections for homeowners and reforms to the mortgage and foreclosure process, will now be sent to the desk of Gov. Jerry Brown for consideration.

Gov. Brown issued a statement Monday afternoon indicating his support for the bills.

“The Homeowner Bill of Rights will prevent banks from throwing Californians out of their homes while they are trying, in good faith, to renegotiate their mortgages,” Brown said in a written statement issued by his office. “This bill establishes important consumer protections that are long overdue and I commend Attorney General Kamala Harris for her determined pursuit of these changes.”

The bills were approved 53 to 25 in the Assembly and 25 to 13 in the Senate.

“Passing these key elements of Homeowner Bill of Rights represents a significant step forward for struggling homeowners,” said Attorney General Harris. “These common-sense reforms will require banks to treat California homeowners more fairly and bring more transparency and accountability to their practices in our state. Responsible homeowners will have a better shot to keep their homes.”

“Californians will finally have a fighting chance to keep their homes, as this measure brings fairness to the loan modification and foreclosure process,” said Senate President pro Tem Darrell Steinberg. “At the same time, the protection gained by homeowners will help stabilize the housing sector of our economy. I applaud my colleagues for their hard work to protect consumers through this reasoned compromise.”

“The package approved by the Legislature today is a major victory for California’s consumers,” said Assembly Speaker John A. Pérez. “We impose tough new regulations on banks and lenders to stop the abusive practices we’ve seen since the collapse of the housing market, and this package will bring relief to hundreds of thousands of California homeowners.”

The California Homeowner Bill of Rights consists of a series of related bills, including two that were passed on June 26 by a two-house conference committee: AB 278 (Eng, Feuer, Pérez, Mitchell) and SB 900 (Leno, Evans, Corbett, DeSaulnier, Pavley, Steinberg).

The two identical bills passed by the conference committee contain key elements of the legislative package and provide protections for borrowers and struggling homeowners, including a restriction on dual-track foreclosures, where a lender forecloses on a borrower despite being in discussions over a loan modification to save the home.

The bills also guarantee struggling homeowners a single point of contact at their lender with knowledge of their loan and direct access to decision makers.

For the first time, the Homeowner Bill of Rights imposes civil penalties, of up to $7,500, on the repeated filing of foreclosure documents without verifying their accuracy, a practice commonly known as “robo-signing.”

In addition, homeowners may require loan servicers to document their right to foreclose.

Homeowners also will have a clearly-defined right to access the courts to protect themselves from violations of these protections.

The Homeowner Bill of Rights also consists of four bills outside of the conference committee process.  These will enhance law enforcement responses to mortgage and foreclosure-related crime, in part by empowering the attorney general to call a grand jury in response to financial crimes spanning multiple jurisdictions.

Additional elements will help communities fight blight related to foreclosure, and the crime that results, and provide enhanced protections for tenants in foreclosed homes.

The California Homeowner Bill of Rights was introduced Feb. 29 at a press conference featuring Assembly Speaker John A. Pérez and Senate President pro Tem Darrell Steinberg and bill authors from the Assembly and Senate.

The Homeowner Bill of Rights codifies many of the core protections from the recent national mortgage settlement.

The California Homeowner Bill of Rights extends Attorney General Harris’ response to the state’s foreclosure and mortgage crisis.

Attorney General Harris created a Mortgage Fraud Strike Force in March 2011 to investigate and prosecute misconduct related to mortgages and foreclosures.

In February 2012 Attorney General Harris extracted a commitment from the nation’s five largest banks to dedicate an estimated $18 billion to mitigate financial harm to California borrowers caused by bank misconduct in the foreclosure process.

To learn more about how the bills impact California homeowners, review the slideshow at www.oag.ca.gov .

Officials urge boaters to use caution this July 4

LAKE COUNTY, Calif. – The California Department of Boating and Waterways (DBW) reminds boaters to use caution on the water this Fourth of July.

DBW’s boating accident data shows that more boating accidents occur during this holiday than any others during the summer boating season.

“The need for boaters to become familiar with the rules of the road is critical in ensuring a safe boating experience,” said DBW’s Acting Director Lucia Becerra. “Rules such as steering to the right when approaching another vessel head on, is important to know, especially in crowded waterways.”

The following tips can greatly decrease the chances of boaters being involved in boating accidents:

• Avoid alcohol. Everyone who drinks alcohol on board is at risk. Passengers can easily fall overboard, swim near the propeller, or cause the vessel to capsize.
• Operate your boat at a reasonable speed. Boats do not have brakes. The stopping distance in emergencies can be critical.
• Properly use water ski flags when skiers, wake boarders or tubers are down. Improper use of flags can be dangerous not only to the person in the water, but to the passing boat where its propeller when become entangled in the tow rope can result in a deadly accident.

For more safety tips or to view California’s boating laws, visit www.BoatResponsibly.com .

Remember, “If it’s your boat, it’s your responsibility.”

State law requires boaters involved in accidents to file a written report with DBW when a person dies, disappears or requires medical attention beyond first aid.

A report also is required when an accident results in damage to a vessel or other property exceeding $500 or there is a complete loss of a vessel.

For the boating accident report form visit www.dbw.ca.gov/PDF/AccidentForms/BAR.pdf .

DBW promotes on-the-water safety and helps develop convenient public access to the waterways through programs funded by vessel registration fees, boating fuel tax dollars and boating facility construction loan payments.

STATE: Cal Fire concludes illegal fireworks interdiction operation

Early on Monday Cal Fire concluded a multi-agency operation designed to prevent illegal fireworks from entering California.

The two-part operation resulted in the confiscation of more than 13,000 pounds of illegal fireworks.

“There is no excuse for breaking the law when it comes to fireworks. Illegal fireworks and pyrotechnics can cause devastating injuries and damage to property,” said California State Fire Marshal Tonya Hoover.

Two families in San Bernardino found that out early Sunday morning when their duplex was destroyed by a fire reportedly caused by illegal fireworks.

The interdiction operations were conducted at the California Agricultural checkpoints in Yermo (north of Barstow), Needles, in the community of Shoshone and the Death Valley area.

The coordinated multi-agency operation resulted in five felony arrests including one for driving under the influence, 46 misdemeanor arrests and numerous citations for vehicle code violations.

During the operation, officers made a total of 170 contacts. The operation also led to the execution of a search warrant in the city of Los Angeles where a large amount of illegal fireworks were believed to be stored.

“This is an excellent example of what can be accomplished when cooperating agencies work together to prevent illegal activities and protect public safety,” said Hoover.

The agencies that cooperated with Cal Fire law enforcement officers included the California Agricultural Checkpoints at Yermo and Needles, the San Bernardino County District Attorney’s Office, the San Bernardino County Sheriff’s Department, Riverside County Sheriff’s Department, Inyo County Sheriff’s Department, Inyo County District Attorney’s Office, California Highway Patrol offices in Bishop and Barstow, National Park Service, Bureau of Land Management, San Bernardino County Fire Department, United States Forest Service, Southern Inyo Fire Protection District and the Caltrans Shoshone Office.

“One thing is for certain; the fireworks that have been confiscated will not start a disastrous wildfire, set a home on fire or send a young child to the emergency room,” said Hoover.

Officials ask state residents to remember that illegal fireworks are just that – illegal.

Safe and sane fireworks are to only be used in approved localities. The public needs to understand that it is illegal to transport, possess, use or store even safe and sane fireworks in communities and rural areas that don’t allow their use.

In Lake County, safe and sane fireworks may only be used within the boundaries of the city of Lakeport during a short period of time around the July 4 holiday.

Safe and sane does not mean non-dangerous.

According to statistics from the U. S. Consumer Product Safety Commission more than 50 percent of fireworks injuries in 2011 were due to the inappropriate use of fireworks.

The Consumer Product Safety Commission also says that the vast majority of injuries are caused by fireworks that are illegal in California.

Be fire safe by being fire smart and have a safe July 4.