State of Emergency

Cal. CIV § 2968

California Statutes

(

a) For purposes of this article, the following

definitions apply: (1) “Mortgage servicer” has the same meaning as defined in subdivision (

a) of

Section 2920.5. (2) “Property” means residential real property that is improved by four or fewer residential dwelling units, affixed mobilehomes, and manufactured homes. (3) “State of emergency” and “local emergency” have the same meanings as defined in subdivisions (

b) and (c), respectively, of

Section of the Government Code. (

b) A transferor mortgage servicer servicing a mortgage secured by property within the geographic limits of a proclaimed state of emergency or local emergency shall deliver to a transferee mortgage servicer any material written records between the borrower and the mortgage servicer relating to the borrower’s election to use insurance proceeds to repair or replace property damaged by a disaster for which the state of emergency or local emergency was proclaimed. (

c) A transferee mortgage servicer pursuant to subdivision (

b) shall not dishonor a previous written agreement to repair property made prior to the transfer between the transferor mortgage servicer and the borrower and approved by the owner of the promissory note. (

d) This

article shall not be interpreted to prohibit a mortgage servicer from delivering to a transferee mortgage servicer any material written records relating to a borrower’s election to use insurance proceeds to repair or replace damaged property that was not caused by a disaster for which a state of emergency or local emergency was proclaimed.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 2968
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV2968.20238731

State of Emergency

Cal. CIV § 2968

California Statutes

State of Emergency

Cal. CIV § 2968

California Statutes

(

a) For purposes of this article, the following

definitions apply: (1) “Mortgage servicer” has the same meaning as defined in subdivision (

a) of

Section 2920.5. (2) “Property” means residential real property that is improved by four or fewer residential dwelling units, affixed mobilehomes, and manufactured homes. (3) “State of emergency” and “local emergency” have the same meanings as defined in subdivisions (

b) and (c), respectively, of

Section of the Government Code. (

b) A transferor mortgage servicer servicing a mortgage secured by property within the geographic limits of a proclaimed state of emergency or local emergency shall deliver to a transferee mortgage servicer any material written records between the borrower and the mortgage servicer relating to the borrower’s election to use insurance proceeds to repair or replace property damaged by a disaster for which the state of emergency or local emergency was proclaimed. (

c) A transferee mortgage servicer pursuant to subdivision (

b) shall not dishonor a previous written agreement to repair property made prior to the transfer between the transferor mortgage servicer and the borrower and approved by the owner of the promissory note. (

d) This

article shall not be interpreted to prohibit a mortgage servicer from delivering to a transferee mortgage servicer any material written records relating to a borrower’s election to use insurance proceeds to repair or replace damaged property that was not caused by a disaster for which a state of emergency or local emergency was proclaimed.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 2968
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV2968.20238731