Homeowner bill of rights
Legislation that would ensure homeowners get a fair shake when seeking a loan modification moved a step closer to reality wednesday.
State legislators are scheduled to vote next week on twin bills ab 278 and sb 900 better known as the homeowner bill of rights.
The measures were approved wednesday by a state bipartisan legislative committee and are set to be heard be heard monday on the assembly and senate floors.
Backers say they would make california the first state to write into law much of the national mortgage settlement negotiated this year with the nation's top five banks.
The legislation would do three things:
Prohibit dual tracking by ensuring that borrowers who submit a completed loan modification application will get a"Yes or no"Decision from their servicer, with an explanation, before the servicer begins the foreclosure process.
Limit robosigning by requiring servicers to review evidence to substantiate borrowers' default and the servicer's right to foreclose.All recorded foreclosure documents must be properly reviewed and verified for accuracy.
Provide strong but fair accountability by implementing incentives for servicers to comply with standards already in place for the home affordable modification program, the governmentsponsored enterprises and the national mortgage settlement.Servicers will be responsible for following the law, and borrowers who have been harmed when
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Do not follow the law will have some recourse.
"It's just common sense to look out for homeowners especially with the dualtracking piece,"Said paul leonard, who directs california operations for the center
Ralph Lauren Outlet for responsible lending, a nonprofit, nonpartisan research and policy organization. "We've been trying to push legislation through on this for three years in california. "
But as sensible as that provision sounds, leonard said the california bankers association and california mortgage bankers association are firmly opposed to it.
"They've been fighting this tooth and mail for years to make sure it doesn't become law,"He said. "They believe they will be a target for unmerited lawsuits. "
A statement from the california bankers association reveals its opposition to the legislation.
"We agree that borrowers who request a loan modification should get an answer regarding their eligibility before they are foreclosed upon,"The statement said.But it added,"These bills, ab 278 and sb 900, lack clarity around critical definitions, leave several major issues unaddressed and fail to focus on truly injured borrowers. "
Marty rodriguez, who owns the century 21 marty rodriguez office in glendora, agreed that some lenders are foreclosing on homeowners with little or no notice.But much of that activity, she said, can also be attributed to scammers.
"Sometimes it's not the bank,"She said. "Many times the homeowner paid someone to modify their loan.They come and take their money and the homeowner never sees them again. "
Rodriguez said the loan modification scammers typically ask for $3, 000 to $6, 000 with the promise that they will revamp their mortgage loan with lower and more managable payments.Then they disapper.
Leonard stressed the importance of the homeowner bill of rights.
"It's critically important to level the playing field and ensure that all servicers and borrowers have the same set of protections in the foreclosure process,"He said. "There are 700, 000 californians at risk of foreclosure or in the foreclosure process.It's critical that they get full and fair consideration in the loan modification process. "
A sanctuary for mustangs on the slopes of Lassen
We had just leveled off after making our way 2, 000 feet down the mountainside through manzanita branches and lava rock when trail boss dianne nelson stopped at the edge of a clearing and silently halted us with an upraised hand.
More than a dozen wild horses, brown, bay and dun, picked at the grass around shady oaks.Only their twitching tails and stiff muscles telegraphed tension.Dianne stared intently as a large, black stallion stalked through his harem and charged an invading"Bachelor,"One of the weaker stallions who band together.
The interloper retreated with a whinny, and dianne chased the stallion safely in the opposite direction.Our twoday ride through the wild horse sanctuary would not, after all, end with more of a thrill than we had signed on for.
Such scenes are played out over and over throughout the 5, 000acre haven in mount lassen's foothills.As many as 10 visitors come every weekend from late spring to early fall for a chance to witness these little dramas among 200 wild mustangs and 14 burros, all evicted from federal lands.
An estimated 32, 000 of these small, nimble horses, descended from animals shipped across the ocean by spanish conquistadors in the 1500s, still roam federally managed public lands.Because they compete with privately owned cattle for scarce food, they are rounded up each year and offered for adoption.
Dianne nelson captured wild horses for the government until 1978, when she rescued 80 animals destined to be destroyed.Those horses, and some leased acreage in the high, rugged chaparral near shingletown, grew into today's sanctuary.It's still the only private sanctuary she knows of that lets stallions, mares and babies roam freely together and form natural families.
Natural behavior includes the stallions' sometimes harsh defense of their harems, made up of about 10 mares.Except for the confrontation near the end of our trip, though, the horses displayed unexpected equanimity when we came upon them grazing, cantering or nuzzling their young.In addition to my daughter, erin, and me, our group of 10 included some from illinois, nebraska and new mexico.
Dianne led and kristen, a sanctuary volunteer, was our rear guard.After 10 or 15 minutes of easy riding on flat, mostly open land, we saw two dozen or so mustangs and some burros, snuffling in the red soil for the supplementary hay the nelsons provide nine months a year.Most glanced at us and went back to browsing.A few watched, alert, while we passed at a respectful distance.
As we climbed toward the summit where we would spend the night, the terrain grew rockier.Oak, manzanita, juniper and pine crowded our trails, blazed by the wild horses with no concern for low branches.The landscape has changed little since their ancestors hauled wagons, pulled plows and galloped across the country with bags of mail.
The terrain is steep and sometimes jarring, and summer temperatures can break 100.Our ride was in september, when days are milder but nights are beyond brisk.After 2 1/2 hours in the saddle, we were relieved to stop at a shaded watering hole to devour sandwiches, chips and fruit, sharing leftovers with our horses.
Some of the ranch's 20 trail horses were wild refugees, or their offspring.Two are mules retired from grand canyon pack trips.
Trail rides like ours keep the sanctuary going.So do contributions and individual sponsorships.And the nelsons auction many of the foals an alltime high of 50 were born last year.
At last we broke through the brambles at the summit, coming to a cookhouse and a row of rough wooden cabins.A couple of dozen wild horses, mostly mares and a few foals, milled around in the dry bed of an adjacent vernal pool.My nose was sunburned and my arms were scratched.But miraculously, hobbling around bowlegged for a halfhour was all it took to banish the saddle stiffness.
While we raided an ice chest full of soft and notsosoft drinks, nelson and her crew started husking corn, peeling potatoes and marinating steak and chicken.The horses, munching hay that ted had trucked up the mountain along with our sleeping bags and personal gear, let us walk among them as if we belonged there.
After a lavish barbecue, i retired to my cabin while people were still sitting around the fire, laughing at one woman's confession that she had worn a frederick's of hollywood fake derriere to ward off saddle soreness.The walls had open knotholes, but the cabin had chairs, shelves, a lantern, pillows and comfortable mattresses to lay a snug sleeping bag on.I walked down to the gravityfed toilets but passed up the showers, hot water or no.
I stepped outside briefly in the middle of the night.Turning to go back in, i stopped eye to eye with a pintsized horse.The blaze on its forehead gleamed in the moonlight, and i recognized a sorrel foal i'd seen earlier.Startled into stillness, we stood staring at each other until the cold made me shiver.
"Hey there, junior,"I said softly. "Where's your mama? "He took one step toward me, brushing his velvet muzzle against my outstretched hand, and then skipped toward the trees, hooves flying four directions at once.
If you gogetting there shingletown is about three hours northeast of sacramento, following interstate 5 north to red bluff the nearest supply of lodging and restaurants for the night before hitting the trail then highway 36 and manton road another 30 miles.Exact directions are sent upon registration.Box 30, shingletown, ca 96088.Two and threeday weekend pack trips, $315 and $415, may through midoctober.Price includes muffins and fruit the morning of departure, bag lunches for the trail, a cowboy barbecue in camp and a hearty breakfast before heading back in the morning.Rides go out regardless of weather.All levels of ability are welcome, but riders should be strong and in good health.Riders cannot weigh more than 205 pounds;Children under 14 allowed only with management approval.
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