May 25 2012

CA Assemblyman Mike Davis Urges Passage of the Homeowner’s Bill Of Rights

On May 15th a California foreclosure battle ended in tragedy when a 53-year-old Newbury Park resident facing eviction from his home, shot and killed himself. Norman Rousseau committed suicide after a fight with Wells Fargo bank. He and his widow, Oriane, refinanced their home in 2006. Wells Fargo later acquired that loan. The Rousseaus paid every month until the bank failed to properly record a received cashier’s check, and a foreclosure process began. The Rousseaus proof of payment was not enough to stop the foreclosure and an avalanche of late fees, and they incurred further debt in legal fees trying to stop the eviction. Oriane told CBS news, “This is horrible. I lost my husband. I lose my pets, I lose my house, I lose my furniture, everything…for nothing.”

Despite a $25 billion settlement between 49 State Attorneys General and 5 big banks accused of massive foreclosure fraud earlier this year, Golden State homeowners continue to face confusing and likely illegal foreclosure processes. In fact, multiple reports show that foreclosures may actually rise in the state because a defacto moratorium of sorts had occurred while banks waited to see what the outcome of litigation and negotiation would be. In response to the epidemic of mishandled foreclosures and homeowners turned into the home-less, state attorney general Kamala Harris and a handful of state assembly members have introduced a package of legislation they are calling The Homeowner’s Bill of Rights. Assembly Bill 1602, the National Mortgage Settlement Implementation Legislation, would stop many abuses evicted homeowners have faced, including the problem of being foreclosed on while a loan modification application is in process. Assemblyman Mike Davis, who represents the densely populated 48th district that includes mid and south LA, has introduced Assembly Bill 1950. AB 1950, the Enhancement of Attorney General Enforcement, would allow more time for prosecutors to pursue mortgage related crimes, and it would increase funding to prosecute the crimes.

GUEST: Assemblyman Mike Davis, representing California District 48

One response so far

One Response to “CA Assemblyman Mike Davis Urges Passage of the Homeowner’s Bill Of Rights”

  1. Geanette Browderon 30 May 2012 at 6:08 am

    I applaud steps California is taking to address mortgage related crimes! Start with the lowest employee and work your way up to those who knowlingly commit fraud and mismanagerment of documents that can result in somebody losing their home. Somebody need to be held accountable for the mismanagement of the Rousseau’s mortgage request and applications! Why isn’t Wells Fargo outraged by this mismanagement???!!! and giving pitly funds to some “suicide prevention hotline’ is a slap in the face!!

    Any bank employee who willingly and knowlingly participate in mortgage fraud will be proscuted..”just doing your job” is NOT a defense! There should be mortgage fraud hotline directly into the attorney general office for this to be reported..any employee doing so will not be held accountable or as an accessory to the crime! They will be anonymous, unless required to testify..