Cal. CIV § 3273.11 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 2 / Section 3273.11
Section 3273.11
Status: in_force

(a) A mortgage servicer shall comply with applicable federal guidance regarding borrower options following a COVID-19 related forbearance.

(b) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or authorized agent thereof, who, with respect to a borrower of a federally backed loan, complies with the guidance to mortgagees regarding borrower options following a COVID-19-related forbearance provided by the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Housing Administration of the United States Department of Housing and Urban Development, the United States Department of Veterans Affairs, or the Rural Development division of the United States Department of Agriculture, including any amendments, updates, or revisions to that guidance, shall be deemed to be in compliance with this section.

(c) With respect to a nonfederally backed loan, any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or authorized agent thereof, who, regarding borrower options following a COVID-19 related forbearance, reviews a customer for a solution that is consistent with the guidance to servicers, mortgagees, or beneficiaries provided by Fannie Mae, Freddie Mac, the Federal Housing Administration of the Department of Housing and Urban Development, the Department of Veterans Affairs, or the Rural Development division of the Department of Agriculture, including any amendments, updates or revisions to such guidance, shall be deemed to be in compliance with this section.
Cal. CIV § 3273.10 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 2 / Section 3273.10
Section 3273.10
Status: in_force

(a) If a mortgage servicer denies a forbearance request made during the effective time period, the mortgage servicer shall provide written notice to the borrower that sets forth the specific reason or reasons that forbearance was not provided, if both of the following conditions are met:

(1) The borrower was current on payment as of February 1, 2020.

(2) The borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the mortgage obligation due, directly or indirectly, to the COVID-19 emergency.

(b) If the written notice in subdivision (a) cites any defect in the borrower’s request, including an incomplete application or missing information, that is curable, the mortgage servicer shall do all of the following:

(1) Specifically identify any curable defect in the written notice.

(2) Provide 21 days from the mailing date of the written notice for the borrower to cure any identified defect.

(3) Accept receipt of the borrower’s revised request for forbearance before the aforementioned 21-day period lapses.

(4) Respond to the borrower’s revised request within five business days of receipt of the revised request.

(c) If a mortgage servicer denies a forbearance request made during the effective time period, the declaration required by subdivision (b) of Section 2923.5 shall include the written notice together with a statement as to whether forbearance was or was not subsequently provided.

(d) A mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to a borrower of a federally backed mortgage, complies with the relevant provisions regarding forbearance in Section 4022 of the federal Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) (Public Law 116-136), including any amendments or revisions to those provisions, shall be deemed to be in compliance with this section. A mortgage servicer of a nonfederally backed mortgage that provides forbearance that is consistent with the requirements of the CARES Act for federally backed mortgages shall be deemed to be in compliance with this section.
Cal. CIV § 3273.16 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 2 / Section 3273.16
Section 3273.16
Status: in_force

Any waiver by a borrower of the provisions of this article is contrary to public policy and shall be void.
Cal. GOV § 99106 — California Code / Code gov / Title 19 / Section 99106
Section 99106
Status: in_force

(a) The commission shall adopt regulations as it deems necessary to implement and administer this title.

(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
Cal. GOV § 99108 — California Code / Code gov / Title 19 / Section 99108
Section 99108
Status: in_force

The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.
Cal. CIV § 3273.2 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 1 / Section 3273.2
Section 3273.2
Status: in_force

(a) The provisions of this title apply to a mortgage or deed of trust that is secured by residential property containing no more than four dwelling units, including individual units of condominiums or cooperatives, and that was outstanding as of the enactment date of this title.

(b) The provisions of this title shall apply to a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code.
Cal. GOV § 99101 — California Code / Code gov / Title 19 / Section 99101
Section 99101
Status: in_force

The Legislature finds and declares all of the following:

(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.

(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.

(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.
Cal. CIV § 3273.1 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 1 / Section 3273.1
Section 3273.1
Status: in_force

For purposes of this title:

(a) (1) “Borrower” means any of the following:

(A) A natural person who is a mortgagor or trustor or a confirmed successor in interest, as defined in Section 1024.31 of Title 12 of the Code of Federal Regulations.

(B) An entity other than a natural person only if the secured property contains no more than four dwelling units and is currently occupied by one or more residential tenants.

(2) “Borrower” shall not include an individual who has surrendered the secured property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent.

(3) Unless the property securing the mortgage contains one or more deed-restricted affordable housing units or one or more affordable housing units subject to a regulatory restriction limiting rental rates that is contained in an agreement with a government agency, the following mortgagors shall not be considered a “borrower”:

(A) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.

(B) A corporation.

(C) A limited liability company in which at least one member is a corporation.

(4) “Borrower” shall also mean a person who holds a power of attorney for a borrower described in paragraph (1).

(b) “Effective time period” means the time period between the operational date of this title and December 1, 2021.

(c) (1) “Mortgage servicer” or “lienholder” means a person or entity who directly services a loan or who is responsible for interacting with the borrower, managing the loan account on a daily basis, including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note and security instrument, either as the current owner of the promissory note or as the current owner’s authorized agent.

(2) “Mortgage servicer” or “lienholder” also means a subservicing agent to a master servicer by contract.

(3) “Mortgage servicer” shall not include a trustee, or a trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust.
Cal. CIV § 3273.15 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 2 / Section 3273.15
Section 3273.15
Status: in_force

(a) A borrower who is harmed by a material violation of this title may bring an action to obtain injunctive relief, damages, restitution, and any other remedy to redress the violation.

(b) A court may award a prevailing borrower reasonable attorney’s fees and costs in any action based on any violation of this title in which injunctive relief against a sale, including a temporary restraining order, is granted. A court may award a prevailing borrower reasonable attorney’s fees and costs in an action for a violation of this article in which relief is granted but injunctive relief against a sale is not granted.

(c) The rights, remedies, and procedures provided to borrowers by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided to borrowers by law.
Cal. CIV § 3273.12 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 2 / Section 3273.12
Section 3273.12
Status: in_force

It is the intent of the Legislature that a mortgage servicer offer a borrower a postforbearance loss mitigation option that is consistent with the mortgage servicer’s contractual or other authority.
Cal. GOV § 99100 — California Code / Code gov / Title 19 / Section 99100
Section 99100
Status: in_force

This act shall be known, and may be cited, as the Every Kid Counts (EKC) Act.
Cal. GOV § 99109 — California Code / Code gov / Title 19 / Section 99109
Section 99109
Status: in_force

(a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:

(1) Families to open a college savings account.

(2) Families to make college savings account contributions.

(3) Children to attend college.

(4) Children to graduate from college.

(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).
Cal. CIV § 3273.01 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 1 / Section 3273.01
Section 3273.01
Status: in_force

This title is known, and may be cited, as the “COVID-19 Small Landlord and Homeowner Relief Act of 2020.”
Cal. CIV § 3273.14 — California Code / Code civ / Division 3 / Part 4 / Title 19 / Chapter 2 / Section 3273.14
Section 3273.14
Status: in_force

A mortgage servicer shall communicate about forbearance and postforbearance options described in this article in the borrower’s preferred language when the mortgage servicer regularly communicates with any borrower in that language.
Cal. GOV § 99102 — California Code / Code gov / Title 19 / Section 99102
Section 99102
Status: in_force

(a) There is hereby established the Every Kid Counts (EKC) College Savings Program.

(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional children’s savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.

(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).

(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:

(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.

(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.

(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.

(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:

(1) To award seed, matching, or incentive grants for individual family college savings accounts.

(2) For outreach efforts to educate families about local college savings programs that are in operation or development.

(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:

(A) Data collection and evaluation of college savings account creation and activity.

(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.

(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.

(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.

(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.