California's New Foreclosure Prevention Act Signed Into Law: Impact To Be Determined

Manatt, Phelps & Phillips, LLP

As an add-on to the California budget package, Governor Arnold Schwarzenegger signed into law a 90-day moratorium on home foreclosures. This new law, which will become effective on May 22, 2009, requires that lenders wait an additional 90 days from the date of filing of a notice of default before the trustee can give notice of sale in a non-judicial foreclosure. Currently, lenders have to wait three months from the filing of a notice of default before providing the notice of sale, so this law, in effect, creates a six-month waiting period. This extended waiting period is intended to encourage lenders to work with their borrowers and enter into loan modifications. However, whether this aim will be achieved, and even whether this moratorium will apply in a significant number of foreclosures, remains to be seen since there are a number of requirements in the bill that must be satisfied for the moratorium to apply.

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