California Senate Passes Mortgage Default Warning Bill

Governor Schwarzenegger signed into law the first major bill designed to curb more foreclosures in California this past Tuesday. The bill is comprised of three main aspects:

  1. Lenders are required to provide homeowners with more, and earlier, warnings that they are headed towards defaulting on their home loans.
  2. Renters will now be given more time to find new living arrangements when they are evicted by a landlord who is losing the property to foreclosure.
  3. Local governments will be authorized to force lenders to maintain vacant property after a foreclosure.

You can read more about the new law in the Los Angeles Times article titled California Senate passes mortgage default warning bill.

Aspects #1 and #3 of this bill have the potential to make immediate impacts on anyone looking to buy a home. By requiring lenders to provide homeowners with more warnings about potentially defaulting, the government is hoping that fewer homeowners will actually default. If this plays out accordingly, it means there will be fewer foreclosures and bank owned (REO) properties coming onto the market each month. This, in turn, means the available inventory of homes for sale will be reduced and the corresponding demand for each house will likely rise … read this as: house prices will go up! Aspect #3 is also likely to increase house prices. By forcing lenders to maintain vacant properties, there will be fewer neighborhoods negatively impacted by REO eye-sores - the property with boarded up windows and a yard full of overgrown weeds. Because of this, distressed neighborhoods won’t have their overall value degraded to the same extent as before … as we all know, nicer looking neighborhoods demand higher prices.

5 Responses to “California Senate Passes Mortgage Default Warning Bill”

  1. Mockiavelli Says:

    Re: House Values….won’t lenders eventually start dropping their REO listing prices so they don’t keep wasting money on maintaining properties?

  2. Brian Sparr Says:

    Hi Mockiavelli -

    This very well could happen. If local governments actively enforce this law, the banks will have an added motivation to sell the property and move it off of their books (and the easiest way to accomplish this is to reduce the price).

    This essentially creates two opposing forces acting on the listing price: 1) added motivation for the banks will try to pull the price down, and 2) better maintained properties create nicer neighborhoods which help to pull the price up. The greater of the two forces in that particular area will dictate whether the price rises or falls.

    Thanks,
    - Brian

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