BILL NUMBER: AB 1599	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Members Feuer and Fong
   (Principal coauthor: Assembly Member Eng)
   (Coauthors: Assembly Members Cedillo and Dickinson)

                        FEBRUARY 6, 2012

   An act to add Section 2923.3 to the Civil Code, relating to
mortgages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1599, as amended, Feuer. Mortgages and deeds of trust:
foreclosure: languages.
   Existing law requires that, upon a breach of the obligation of a
mortgage or transfer of an interest in property, the mortgagee,
trustee, 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. Existing
law specifies other requirements and procedures for completion of a
foreclosure sale. Existing law requires, under specified
circumstances, that a summary of mortgage terms be provided to the
borrower in one of 5 specified languages.
   This bill would require a mortgagee, trustee, beneficiary, or
authorized agent to provide  all documents to a mortgagor or
trustor relating to a delinquency, default, loan modification,
foreclosure proceeding, or foreclosure sale concerning that mortgage
or deed of trust in the primary language spoken by   to
 the mortgagor or trustor  a summary of the notice of
default, attached to a copy of the recorded notice of default, and a
summary of the notice of sale, attached to the copy of the recorded n
  otice of sale, in English and those 5 specified
languages. The bill would require the Department of Real Estate,
contingent upon sufficient private funding, to provide a standard
summary translation of a notice of default and a notice of sale in
those languages, and to make those documents available without charge
on its Internet Web site. The bill would provide that any mortgagee,
trustee, beneficiary, or authorized agent who uses the department
summary translation shall not be liable for errors in translation
 .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1   .    Section 2923.3 is added to
the   Civil Code   , to read:  
   2923.3.  (a) A mortgagee, trustee, beneficiary, or authorized
agent shall provide to the mortgagor or trustor a summary of the
notice of default, attached to a copy of the recorded notice of
default, and a summary of the notice of sale, attached to the copy of
the recorded notice of sale, in English and the languages described
in Section 1632.
   (b) The Department of Real Estate shall provide a standard summary
translation of a notice of default and a notice of sale in the
languages described in Section 1632, and shall make those documents
available without charge on its Internet Web site. Any mortgagee,
trustee, beneficiary, or authorized agent who uses the department
summary translation shall not be liable for errors in translation.
   (c) Subdivision (b) shall only become operative if sufficient
private funds are provided to the Department of Real Estate for this
purpose. Posting of the documents on the department's Internet Web
site pursuant to subdivision (b) shall be deemed to be an
acknowledgment that sufficient funding has been obtained and that
subdivision (b) is operative.  
  SECTION 1.    Section 2923.3 is added to the Civil
Code, to read:
   2923.3.  A mortgagee, trustee, beneficiary, or authorized agent
shall provide all documents that are required to be sent to the
mortgagor or trustor related to a delinquency, default, loan
modification, foreclosure proceeding, or foreclosure sale concerning
that mortgage or deed of trust in the primary language spoken by the
mortgagor or trustor.