California Law (Last Updated: March 4, 2014) |
Civil Code - CIV |
Division 3. OBLIGATIONS |
Part 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS |
Title 14. LIEN |
Chapter 2. Mortgage |
ARTICLE 1. Mortgages in General |
Section 2923.6.
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(a) The Legislature finds and declares that any duty mortgage servicers may have to maximize net present value under their pooling and servicing agreements is owed to all parties in a loan pool, or to all investors under a pooling and servicing agreement, not to any particular party in the loan pool or investor under a pooling and servicing agreement, and that a mortgage servicer acts in the best interests of all parties to the loan pool or investors in the pooling and servicing agreement if it agrees to or implements a loan modification or workout plan for which both of the following apply:
(1) The loan is in payment default, or payment default is reasonably foreseeable.
(2) Anticipated recovery under the loan modification or workout plan exceeds the anticipated recovery through foreclosure on a net present value basis.
(b) It is the intent of the Legislature that the mortgage servicer offer the borrower a loan modification or workout plan if such a modification or plan is consistent with its contractual or other authority.
(c) This section shall become operative on January 1, 2018.