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Governor Newsom Signs Eviction Protection Legislation California state lawmakers voted in favor of AB 3088, a plan to protect tenants from eviction through January as long as starting with the month of September they pay 25 percent of the rent due. This minimum of 25 percent of the rent can be paid each month, or it can be paid in delayed payments as long as all of it is paid by January 31, 2021.
Governor Newsom signed the legislation Monday night. Tenants are still responsible for paying unpaid amounts to landlords, but other than the 25 percent of the rent due beginning in September, any rent unpaid between March 1, 2020 and January 31, 2021 because of a COVID-19 related inability to pay cannot be the basis for an eviction. Landlords will be able to recover this debt in court, however, beginning March 1, 2021, and small claims court jurisdiction will be temporarily expanded to allow landlords to recover these amounts. The law also includes some additional protections for small landlord who may have trouble making payments on their mortgage due to the eviction moratorium.
There are qualification guidelines that must be met, not all evictions are on hold. For more information about these new laws and help for Landlords & Tenants, complete the information request form below or call our 24 hour hot line at 1-800-292-3559 ext 4357 (HELP). All information 100 % confidential and consultations are 100% FREE.
HOMEOWNER PROTECTIONS
A new law – The Tenant, Homeowner and Small Landlord Relief and Stabilization Act (Act) of 2020 - took effect on August 31, 2020 and provides some relief.
The Act applies to homeowners and landlords with four (4) or fewer properties, whether those properties are owner-occupied or not, and who have had difficulty making mortgage payments because of COVID-19.
Homeowner and small landlords should contact their mortgage servicer – the company they send their mortgage payment to – for options that may be available. Financial institutions are required by federal law to know what entity owns the mortgage loans they service. When you contact your servicer to request payment relief, you should ask whether your mortgage is federally-backed (owned or guaranteed by a federal mortgage agency such as Fannie Mae, Freddie Mac, the Federal Housing Administration, or the Veterans Administration) or non-federally-backed.
If you have a federally-backed mortgage, you can request forbearance pursuant to the federal CARES Act (Coronavirus Aid, Relief, and Economic Security) to help you avoid becoming delinquent on your mortgage.
If you have a non-federally-backed mortgage, you can also contact your servicer requesting forbearance along with other options that may be available to you.
For all mortgages, whether federally-backed or not, your servicer must provide you with a detailed description explaining why the forbearance request was denied, stating the exact reasons for the denial.
If the servicer’s explanation identifies missing information or errors in the request, you then have 21 days to update and correct these issues.
Additional homeowner protections and lender requirements before a bank can file a notice of default on your mortgage include: The ability for you to contest either the 30-day contact or the forbearance denial notice. (The 30-day contact refers to the minimum 30 days a lender must wait after contacting a borrower to seek payment before filing a Notice of Default.)
A requirement for lenders to file the forbearance denial notice along with the required declaration of borrower contact when recording a notice of default.
The right for homeowners or small landlords to file a cause of action (lawsuit) if their lender harms them by violating the law.
There are qualification guidelines that must be met, not all foreclosures are on hold. For more information about these new laws and help for homeowners, complete the information request form below or call our 24 hour hot line at 1-800-292-3559 ext 4357 (HELP). All information 100 % confidential and consultations are 100% FREE.
Most of the homeowners and tenants in trouble right now will be able to keep their homes or remain in their homes, as their economic hardship is temporary and they just need some help in the short term. Other's are under a more long term financial hardship with little or no chance to continue making home loan or rent payments now or in the future. Homeowners don't want the interest rates, fees or any future housing value decline to take away the equity they worked so hard over the years to build up, and most tenants find it almost impossible to qualify for another lease background check. Each one is a case by case basis and needs to be counseled in that way. It's not a one size fits all solution.
The first step for you to reach out to us today so we can assist you in contacting the right NON PROFIT organization that could best assist you. Just complete the 100 % private information box below, then we can get started for you right away. If you would like to speak to us directly, you can call our 24 hour FREE HOUSING HELP HOT LINE AT 1-800-292-3559 EXT (HELP) 4357.
We understand you may have concerns. Who is this group that is reaching out to help homeowners & tenants, and why we are doing this service at no charge? Great Question!. We have been assisting homeowners and renters for over 20 years. We have found that if we put our clients interest first, they will remember us when they or someone they know needs our service to buy ,sell, or rent homes.
