BILL NUMBER: AB 2528	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 24, 2012

   An act  to add Section 2923.4 to the Civil Code, 
relating to mortgages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2528, as amended, John A. Pérez. Mortgages and deeds of trust:
foreclosure: military members.
   Existing law regulates various aspects of mortgages and deeds of
trust, including, among other things, foreclosure procedures
applicable when a borrower is in default on one of those instruments.
 Existing law requires that, upon a breach of the obligation of
a mortgage or transfer of an interest in property, the trustee,
mortgagee, or beneficiary record a notice of default in the office of
the county recorder where the mortgaged or trust property is
situated and mail the notice of default to the mortgagor or trustor.

   This bill would  express the intent of the Legislature to
enact legislation to preclude foreclosure proceedings when the
borrower is an active member of the military, unless the lender has
first attempted a loan modification   require that in
order for a notice of default to be recorded, it include a
declaration stating that the mortgagee, trustee, or authorized agent
contacted the borrower to determine if the borrower is an active duty
servicemember, and if the borrower is an active duty servicemember,
or was an active duty servicemember 90 days prior to the date the
notice of default is to be recorded, that the mortgagee, trustee, or
authorized agent has complied with the federal Servicemembers Civil
Relief Act  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1   .    Section 2923.4 is added to
the   Civil Code   , to read:  
   2923.4.  A notice of default shall not be recorded pursuant to
Section 2924 unless it also includes a declaration stating that the
mortgagee, trustee, or authorized agent contacted the borrower to
determine if the borrower is an active duty servicemember, and if the
borrower is an active duty servicemember, or was an active duty
servicemember 90 days prior to the date the notice of default is to
be recorded, that the mortgagee, trustee, or authorized agent has
complied with the federal Servicemembers Civil Relief Act (50 U.S.C.
Appen. Sec. 501 et. seq.).  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to preclude foreclosure proceedings when the
borrower is an active member of the military, unless the lender has
first attempted a loan modification.