May 14, 2020 The Honorable Monique Limon Chair, Banking and Finance Committee . Senator. Thanks to the efforts of the California Mortgage Association (CMA), and many other Real Estate Industry Trade Associations, who spoke up, AB 2501 did NOT pass the Assembly on June 15th, 2020. Updated on May 21, 2020 . You can’t record a note or sale, and you can’t proceed to a trustee sale for the same time period, that 180 day period until after Newsom lifts the state of emergency in California. Many mortgage loan market participants breathed a sigh of relief as the bill would have enacted sweeping new forbearance standards beyond federal CARES Act mandates for residential and multifamily mortgages. State Capitol, Room 6031 . By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. Borrowers under multifamily mortgage loans would similarly be provided with a 180-day forbearance, subject to extension, by affirming to the servicer that it is experiencing a financial hardship during COVID-19 and providing documentation of the financial hardship. The bill would prohibit a servicer of vehicle-secured credit from taking any action to repossess a mobilehome or motor vehicle that secures a loan during the COVID-19 emergency and for the 180-day period thereafter. The League needs at least 10,000. Credit unions' participation is critical. On behalf of the undersigned trade associations representing the financial services industry, we are writing to express concerns with AB 2501 the COVID-19 Homeowner, Tenant and Consumer Relief Law of 2020. A week and a half after the Los Angeles City Council introduced their proposal to ban repossessions in the city of Los Angeles, AB-2501 is now being heard in the Assembly and Banking Finance Committee on May 19th, 2020. The bill would not apply to vacant or abandoned dwellings. The borrower’s forbearance request would not require any documentation other than a written attestation, if the mortgage servicer requests one. AB 2501 – COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020, https://www.aba.com/-/media/documents/letters-to-congress-and-regulators/joint-trades-california-ab-2501-051720.pdf?rev=6276e601e2314d6d96dd92209331f15e, https://www.mortgagemedia.com/wp-content/uploads/2020/05/AB-2501-Limon-Mortgage-Servicers-Opposition.pdf, The Reauthorization and Revival of the Paycheck Protection Program and Economic Injury Disaster Loan Program under the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, California Conforms To Federal Income Tax Treatment Of PPP Loan Forgiveness, The October 2, 2020 SBA Procedural Notice: Change of Ownership Transactions Involving PPP Borrowers, California Legislature Passes Mini-CFPB Bill; If You Liked The Department Of Business Oversight, Get Ready For The Department Of Financial Protection And Innovation, Protecting Exclusive Distribution Rights for Patented Products and Other Licensed IP, Government Contracts & Investigations Blog, New York Commercial Division Round-Up Blog, Real Estate, Land Use & Environmental Law Blog, U.S. Legal Insights for Korean Businesses. So 2501 passed is all-out prohibition on any foreclosure activity in the state of California. The drafted legislation, “AB-2501: COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020,” was presented by Assemblymember Monique Limón, the chair of the California Assembly’s Banking and Finance Committee. As senior policy advocate in 2017, she worked with the executive vice president in developing policy strategy. That is the role of government. Talking Points. [Motion to reconsider made by Assembly Member Limón.] SB 893 would significantly increase workers’ compensation costs for public and private hospitals by presuming that certain diseases (including COVID-19) and injuries are caused by the workplace and establishes an extremely concerning precedent for expanding presumptions into the private sector. Requiring these institutions to potentially go years without receiving payment is a significant burden that will negatively impact financial opportunities for Californians. A proposed piece of COVID-19 relief legislation could have major implications for California lenders and servicers, particularly in the mortgage lending industry, if passed into law. A revised version of the bill was issued on June 4, 2020 which doesn’t address the core mortgage-related issues raised by many of the commenters other than the bill now limits the time period during which a borrower may request forbearance to the duration of the Covid-19 emergency removing the 180-day period following the emergency specified in the original draft of the bill. Specifically, the bill requires financial institutions and financial service businesses to essentially carry mortgage and car payments for at least 180 days after the COVID-19 state of emergency ends, which could be years. However, even when the 180 days expires, AB 2501 still limits the ability for these institutions to recover any loss payments from the consumer. It is also notable that borrowers under certain payday loans, known as deferred deposit transactions, would also benefit from AB 2501 although the specified relief is not forbearance but fee restrictions and a requirement for payment plan options in accordance with specified procedures. The COVID-19 Homeowner, Tenant and Consumer Relief Law of 2020 (AB 2501) passed the California Assembly Banking and Finance Committee and is headed to the Appropriations Committee. The bill requires lenders to maintain home and auto loans for an extended length of time with no payments from borrowers. Dear Assembly Member Limón: The organizations identified above regret to inform you of our opposition to your Eviction Moratorium Bill Passes Senate Judiciary Committee. This limitation will have a negative impact on the housing market, further exacerbating the housing crisis and creating job loss in the housing industry. AB 2501 Page 1 Date of Hearing: May 19, 2020 ASSEMBLY COMMITTEE ON BANKING AND FINANCE Monique Limón, Chair AB 2501 (Limón) – As Amended May 11, 2020 SUBJECT: COVID-19: homeowner, tenant, and consumer relief SUMMARY: Provides for temporary forbearance and affordable post-forbearance repayment March 12, 2020: California REALTORS® expect coronavirus to impact housing market . Please contact your Sheppard Mullin attorney contact for additional information. Will Reduce Access to Loans – AB 2501 will significantly deter lenders from lending in California, knowing that California’s government does not honor contractual agreements. A job killer bill that will significantly restrict Californians’ ability to access home and auto loans by placing onerous burdens on lenders, which will further exacerbate the housing crisis, will be considered by the Assembly Banking and Finance committee today. The bill is intended to provide homeowner, tenant, and consumer relief to Californians suffering from the impact of the COVID-19 Pandemic. If passed, Assembly Bill 2501, COVID-19 Homeowner, Tenant and Consumer Relief Law of 2020, would require credit unions to offer inflexible forbearances on … For example, upon placing a mortgage obligation in forbearance, a mortgage servicer must provide the borrower with “a complete and accurate description of the loss mitigation and reinstatement options that will be available to the borrower at the end of the forbearance period.”  A mortgage servicer that violates any of AB 2501’s requirements not only forfeits their rights to commence foreclosure on a borrower that is harmed by the violation, but is also subject to new legal liability if the post-forbearance payment options contain false or misleading statements. Assemblymember Monique Limón, chair of the Banking and Finance Committee and author of the bill, committed to working with stakeholders of the bill as it moves forward. All Rights Reserved. Barrera earned a B.A. [1] The American Financial Services Association, Bank Policy Institute, Credit Union National Association, the Housing Policy Council, Mortgage Bankers Association and Securities Industry and Financial Markets Association were all signatories to a May 17 letter to AB 2501’s author Assembly Member Limón. The California Reinvestment Coalition (CRC) and the undersigned California organizations respectfully register our position on AB 2501 as Home > Coronavirus > AB 2501 – COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020. August 19, 2020 3:32 pm. AB 2501 – the COVID-19 Homeowner, Tenant and Consumer Relief Law of 2020 – was defeated by a 28-25 vote on June 15 and the Assembly adjourned its session without taking up a motion to reconsider the measure.. The California Assembly voted down a bill that would have had a huge negative impact on the state’s auto finance industry. During the forbearance period, mortgagees and servicers would be prohibited from commencing or continuing any judicial foreclosure action, recording a Notice of Default, or taking any steps to evict a person following a foreclosure. Before joining the CalChamber, she worked at a statewide law firm that specializes in labor/employment defense. The bill was granted reconsideration. CalChamber Applauds Governor’s Appointments of Alex Padilla, Dr. Shirley Weber, CalChamber Issues Statement on Governor’s Appointment of Alex Padilla as U.S. UPDATE (June 22, 2020): COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020”, last Thursday the bill failed in Assembly. This strain imposed on financial institutions will limit the availability of credit in the future, which will harm our economic recovery. While the legislation is well intended, it has the potential to cause significant disruptions in the mortgage markets, limit access to credit and lead to further unintended consequences for California customers. The private sector cannot absorb the burdens proposed in AB 2501 without it causing further harm, including loss of jobs. California would join the island nation of New Zealand who banned the panic defense Section 169 of the Crimes Act 1961 in 2009 in response to the murder of Ronald Brown, whose killer beat him and shoved the … In the U.S., the firm’s clients include more than half of the Fortune 100. It will also unquestionably limit car loans, especially for those with problematic credit history, and will harm both consumers and workers in the auto industry. https://www.aba.com/-/media/documents/letters-to-congress-and-regulators/joint-trades-california-ab-2501-051720.pdf?rev=6276e601e2314d6d96dd92209331f15e, [2] The CMBA has gathered a 12-organization coalition calling for amendments to Assembly Bill 2501. https://www.mortgagemedia.com/wp-content/uploads/2020/05/AB-2501-Limon-Mortgage-Servicers-Opposition.pdf. The assembly bill, entitled “COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020,” (“AB 2501”) is intended to provide relief to residential and multifamily mortgage borrowers, as well as borrowers under loans secured by a mobile home or motor vehicle, by requiring the loan servicers to provide forbearance to borrowers experiencing a financial hardship during the Covid-19 emergency. Every credit union employee should act today. The California Association of Licensed Repossessors (CALR) Opposes your bill, AB 2501 as amended June 10, 2020. With your help, AB 2501, the disastrous California Foreclosure Prevention Bill, appears dead for 2020. Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Special Bulletin. AB 2501 Opposition. Dear Assembly Member Lim ó n:. The League is requesting credit union staff to take one minute and participate in the “NO on AB 2501” campaign. in English from California State University, Bakersfield, and a J.D. with high honors from California Western School of Law. The current version of AB 2501, last amended on June 4, 2020, can be accessed here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2501. The lenders bill, AB 2501 (Limón; D-Santa Barbara) was added to the California Chamber of Commerce job killer list this week. PANDEMIC UNEMPLOYMENT ASSISTANCE (PUA) C.A.R. If AB-2501 becomes law it will be the first of its kind in the nation. As the CalChamber has repeatedly stated, the private sector cannot be the safety net for this crisis. Staff Contacts: Jennifer Barrera, Valerie Nera. The bill requires lenders to maintain home and auto loans for an extended length of time with no payments from borrowers. [Motion to reconsider made by Assembly Member Limón.] An act to add Title 19 (commencing with Section 3273.01) to Part 4 of Division 3 of the Civil Code, and to add Section 23039 to the Financial Code, relating to COVID-19 relief. Due to May 11 amendments, the CalChamber has removed its opposition to AB 2992 (Weber; D-San Diego) and it is no longer a job killer. Details on California AB 2501 (California 2019-2020 Regular Session) - COVID-19: homeowner, tenant, and consumer relief. COVID-19: homeowner, tenant, and consumer relief. Sacramento, CA 95814 . Single and multi family mortgages will also not be assessed any additional fees, penalties, or higher amounts of interest while under forbearance. Jennifer Barrera oversees the development and implementation of policy and strategy as senior vice president, policy, and represents the CalChamber on legal reform issues. Talking Points. A proposed piece of COVID-19 relief legislation could have major implications for California lenders and servicers, particularly in the mortgage lending industry, if passed into law. AB 2501 (Limón; D-Santa Barbara) was added to the California Chamber of Commerce Job Killer list today. ... 2020, California Governor Gavin Newsom issued a stay at home order to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of the virus. The attached letter from the California Chamber of Commerce highlights our continuing opposition to AB2501 (Limon) – COVID-19: Homeowner, Tenant and Consumer Relief Act. 2020 13. View the California Assembly vote history on AB 2501 in California 2019-2020 Regular Session. Member, California State Assembly . Included in AB2501 is a 6-month moratorium/ban on all repossessions in the state of California. Dear Assembly Member Limón: On behalf of the undersigned trade associations representing the financial services industry, we are writing to express concerns with AB 2501 the COVID-19 Homeowner, Tenant and Consumer Relief Law of 2020. The Honorable Monique Limón . This is not an unequivocal statement of the law, but instead represents our best interpretation of where things currently stand. For example, the emergencies declared on November 8, 2018 and October 27, 2019 due to wildfires and extreme weather conditions in Ventura County and other counties remain in effect today, long after the fire season has ended. Advocacy – California Chamber of Commerce, Global Contacts, Organizations and Associations, Job Killer Update: AB 2501 Added to List, 1 Bill Stalled, 1 Bill Removed, California Foundation for Commerce and Education. AB 2501. As you are aware, things are changing quickly and there is no clear-cut authority or bright line rules. For more information, please visit www.sheppardmullin.com. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, high-stakes litigation and complex financial transactions. As of Friday morning, only 1,700 messages had been sent to state legislators across California opposing AB 2501. Re: AB 2501 - SUPPORT IF AMENDED . On Tuesday, a bill that would halt evictions until sometime next year and give renters additional protections during the rest of the COVID-19 panic passed the Senate Judiciary Committee 6-0. A proposed piece of COVID-19 relief legislation could have major implications for California lenders and servicers, particularly in the mortgage lending industry, if passed into law. State Capitol . AB 2501 shifts a significant portion of the costs of this pandemic to the private sector. Delinquent borrowers would be automatically entitled to a 180-day forbearance and could then extend the timeframe if they continue to experience financial hardship. Defeating AB 2501 is “crucial to the survival of every California credit union,” the league said in an email to its member credit unions. Tag: AB 2501. This outcome to defeat AB 2501 was the result of an enormous coalition effort in opposition, of which you and the California Mortgage Association and many other real estate investors, hardworking Americans, and Patriots were important parts. AB 2501 would require a multifamily borrower, during the forbearance term, to provide rent relief to tenants living in the property secured by the mortgage and would prohibit eviction for a tenant’s nonpayment of rent or application or accrual of fees or other penalties on renters for nonpayment of rent. Borrowers  with a vehicle secured credit obligation experiencing a financial hardship due to Covid-19 would be able to request forbearance for up to 90 days by submitting a request to the servicer affirming the consumer is experiencing financial hardship and to extend the forbearance period upon request, if the consumer affirms that they continue to experience hardship for a cumulative total of 270 days of forbearance. May 14, 2020 . AB 2501 has attracted strong opposition from mortgage lenders, servicers, and numerous financial trade industry organizations at both the federal and state level, including groups such as the American Bankers Association[1] and the California Mortgage Broker’s Association (“CMBA”)[2], among others, all expressing concerns about the potential the bill has to cause significant disruptions in the mortgage markets and limit access to affordable credit by would-be borrowers.. She led CalChamber advocacy on labor and employment and taxation from September 2010 through the end of 2017. AB 2501 (Limón; D-Santa Barbara) was added to the California Chamber of Commerce Job Killer list today. Residential mortgage borrowers may request forbearance for up to 180-days by submitting a request to the mortgage servicer. The Honorable Monique Limon Member, California State Assembly State Capitol, Room 6031 Sacramento, California 95814. To stretch things further, AB 2501 also requires credit unions to pause auto loan payments for members experiencing COVID-19 related hardship – and regardless of delinquency status – for up to 180 days and does not allow the credit union to charge fees, penalties or additional interest beyond the amounts scheduled during the forbearance period. Summary (2020-06-15) COVID-19: homeowner, tenant, and consumer relief. Today the California Assembly adjourned without reconsidering the “COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020,” (AB 2501), which if approved would have required creditors to provide up to nine months of vehicle payment relief—with a repossession ban for two years (except under certain circumstances)—and 12 months of mortgage payment relief. Vote History (2020-06-15) COVID-19: homeowner, tenant, and consumer relief. The assembly bill passed through the Assembly’s Banking and Finance Committee late last month. Given the financial risk this proposal creates for such institutions, there is no question that the institutions will limit the mortgage and auto loans it offers. Press inquiries may be directed to Media Relations. This treacherous Foreclosure Prevention Bill will be reconsidered on Thurs., June 18th in the Sacramento State Assembly. The deadline  for getting the bill to the Assembly floor for vote is June 19th. C.A.R. RE: Opposition to AB 2501 (Limón): COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020 . are writing to express concerns with AB 2501 the COVID-19 Homeowner, Tenant and Consumer Relief Law of 2020. Further, the bill would limit the rate of interest that could be applied to the consumer’s account to 7% per annum. There will likely be stricter criteria to qualify, or, higher rates to offset the potential loss these institutions could suffer under AB 2501. SB 893 (Caballero; D-Salinas) has stalled after failing to secure enough votes to pass the Senate Labor, Public Employment and Retirement committee on May 14. The bill requires lenders to maintain home and auto loans for an extended length of time with no payments from borrowers. Copyright © 2021, Sheppard, Mullin, Richter & Hampton LLP. AB 2501, also known as the COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020, also gives those under multifamily mortgage loans an additional 180 days of forbearance. May 17, 2020. This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here. The Honorable Monique Limon Member, California State Assembly State Capitol, Room 6031 Sacramento, California 95814. Industry Wide. AB 2501: Burden on Lenders. On December 23, 2019, Governor Gavin Newsom terminated more than 70 ongoing states of emergency that had been declared at various times over the last decade, from January 27, 2011 to November 30, 2018. Sacramento, CA 95814 . AB 2501 is particularly notable for residential mortgage servicers as they would be required to comply with a number of onerous requirements and face significant penalties for failure to comply. Will California Housing and Wildfire Solutions Complement or Conflict? It is very likely that the state of emergency for COVID-19 will persist long after the shelter-in-place orders are lifted and businesses resume operation. AB 2501, as amended, Limón. The Finance & Bankruptcy Law Blog is designed to apprise financial institutions on the current issues that directly impact their business as well as advising on best practices to solve the multidisciplinary problems presented by business insolvencies. 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