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By Art Lee
WHB Solutions, Certified Distressed Property Expert & Short Sales Education
The following information from the California Association of Realtors was provided to address the many new laws that affect California Realtors and their clients. These new laws were published in conclusion of the first half of the 2009-2010 legislative session. The laws mentioned are a interpretations and full legislation details on the new bills passed can be found on the internet www.leginfo.ca.gov.
REAL ESTATE
REO Buyer Can Select Escrow and Title: Effective October 11, 2009 to January 1, 2015. Assembly Bill 957.
The buyer in an REO transaction is free to select their own escrow and title company. A lender that subjects the buyer to use a specific company will be held liable.
MORTGAGES
No Advance Fee Loan Modifications: Effective October 11, 2009 – January 1, 2013. Senate Bill 94.
This law addresses the high number of scams asking for upfront fees by prohibiting any compensation for performing a loan modification until all services are provided as promised. This law applies to any real estate agent and attorney.
Mortgage Loan Originators Regulated: Effective December 2010. Senate Bill 36.
Mortgage loan originators that negotiate terms for a mortgage loan for compensation are now regulated by the Mortgage Licensing System, this includes finance and residential mortgage lenders. What this means is more laws and restrictions will be applied to these professionals.
Mortgage Broker Activities Restricted: Effective January 1, 2010, Assembly Bill 260.
It is a mortgage broker’s fiduciary duty to put a borrower’s financial interest first. It puts restrictions on the arrangement of high-priced mortgage loans, pre-payment penalties, yield spread premiums, and negative amortization loans.
Mortgage Fraud Becomes a State Crime: Effective January 1, 2010, Senate Bill 230.
Any activities of mortgage lending processing with an intent to influence the process is seen as mortgage fraud under CA law. If found guilty, the crime is punishable with one-year in prison.
Reverse Mortgages: Effective January 1, 2010, Assembly Bill 329.
There are now new disclosures along with other requirements under the Reverse Mortgage Elder Protection Act that must be followed in any reverse mortgage transaction.
INVESTORS
60-Day Notice to Terminate Tenants Extended: Senate Bill 290.
60 day notice from a monthly residential tenant will still be law indefinitely. If a tenant has lived in a property for less than one year or is on a termed lease, a 30 day notice is sufficient. Other tenant laws were also addressed in this bill.
Landlord Utilities: Senate Bill 120.
This bill requires some utility companies to notify residential tenants if the landlord has been past due on bills which would result in the discontinuation of services. This protects the tenant form not have basic services and allows the tenant to put the utilities in their names to avoid an interruption in service.
Mobilehome Parks: Senate Bill 804
Management cannot make a homeowner use a specific broker or dealer to replace a mobilehome or manufactured home on a space in a mobilehome park.
OTHER AREAS OF REAL ESTATE
Appraisal Industry Oversight:Effective January 1, 2010, Senate Bill 237.
Background checks on all certified appraisers. Further expands the definition of what is considered appraisal fraud, including promotions, promises, threats, compensations.
Increase in Homestead Exemptions: Effective January 1, 2010, Assembly Bill 1046.
Homestead exemptions increase $75,000 for individuals, $100,000 for married couples, and $175,00 for persons over 65, disabled or 55 with limited income. The homestead exemption is to protect a homeowner’s equity from judgment creditors.
Swimming Pools: Assembly Bill 1020
This bill states that owners of apartment buildings, condominium complexes, and others, must place anti-entrapment devices for swimming pools. Also required is additional filing of compliance statements.
Mechanic’s Liens: Assembly Bill 457
New guidelines and processing, filing, and enforcing a Notice of Mechanic’s Lien.
Disposal of Records: Assembly Bill 1094
Liability business are now shielded if they property dispose of abandoned records via shredding or erasing the information. It is also legally presumed that a tenant shall own their records on the premises even after their lease has been terminated.
Plumbing Fixtures: Effective on or after January 1, 2014, Senate Bill 407
New disclosure requirements for the installation of water-conserving plumbing fixtures.
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Call it what you want since the outcome is the same. Commercial real estate is overbuilt, with a huge excess of capacity. Since job numbers and general wealth of Americans has lost a decade already, and furthermore since our basic attitudes towards spending have changed, it seems to me that every bit of commercial real estate built in the last decade was a bubble. Some of the new buildings will displace older buildings but the net effect is the same and easily visible in my community and probably most communities around the US… empty store fronts galore, and often in brand new buildings. A bubble is a bubble. Commercial real estate development over the last decade occurred at a rate suitable for an economic outcome that proved illusory and overly optimistic.
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Thanks all for your comments. We do try to share relevant and important information to our viewers. If you are interested in a specific topic please do mention it and we will try to cover it in a future blog.