Love's Real Stories

Answering all the real estate questions you never knew you had.

Category: Laws

Pork

California politicians agreed to pass a bill, which created a new law. The law took sellers of short-sales off the hook for taxes on the debt forgiven by their bank. The law was easy to pass, because sellers of short-sales are already selling their home for less than their loan amount, and they make no money on the sale, so there is nothing to tax, except “forgiven debt.”

Before the new law passed, sellers of short-sales were taxed for such “forgiven debt.”

That was a couple of years ago. Now it’s time to pass a bill to extend that law because it’s expiring. The bill is a piece of cake to pass, because the politicians can swallow its ingredients easily. But one of the politicians threw some pork into the mix at the last minute, and the other politicians gagged.

“Pork” in the language of politics refers to a politician stuffing a bill to get tax money for a pet project. In this case, the project is the California Homes and Jobs Act, which has nothing to do with short-sales, but was nevertheless stuffed into the short-sale bill.

The California Homes and Jobs Act would be funded by a new $75.00 tax for recording real estate documents not related to sales, but all others, like trusts, quitclaims, and refinancing documents.

The politicians swallowed hard, and passed the bill to extend the short-sale law, including the pork.

The California Association of Realtors (C.A.R.) is snorting-mad the politicians swallowed the pork. C.A.R. supports the short-sale tax-forgiveness bill, but not the new tax.

“C.A.R. is an aggressive advocate for affordable housing,” said a spokesperson,” but believes it is bad policy to fund affordable housing at the expense of home/property owners who need to record real estate documents.  The amendment (the pork) attempts to extort support for the California Homes and Jobs Act.”

The California Homes and Jobs Act supporters say this: “More than 130,000 people are homeless on any given night in California. Every day, families, veterans, people with disabilities and seniors struggle to maintain a roof over their heads. California desperately needs a permanent, ongoing source of funding dedicated to affordable housing development!”

Apparently, the question as to whether the politicians swallowed good pork or bad pork is a matter of taste.

Homeowner Bill of Rights

Seven bills, designed to protect homeowners from unfair practices by banks and mortgage companies as part of the new California Homeowner Bill of Rights, passed through State Assembly and Senate committees.

“All Californians have been impacted by the toll the mortgage and foreclosure process has taken on our neighborhoods,” said State Attorney General Kamala D. Harris. “Our California Homeowner Bill of Rights will provide relief for homeowners, tenants and communities. I thank the authors and supporters of these important bills.”

If passed into law, the bills will:

Require purchasers of foreclosed homes to honor the terms of existing leases and give tenants at least 90 days before commencing eviction proceedings. The bill passed the Assembly and Senate Judiciary Committees on a 7 to 3 and 3 to 2 vote, respectively.

Provide local jurisdictions with additional tools to fight blight from abandoned homes. These tools include fines against the owners of blighted property, including the cost of taking control of that property. The bill unanimously passed the Judiciary Committees.

Provide additional tools for the Attorney General’s office to investigate and prosecute mortgage frauds and crimes, such as loan modification scams and the unlawful foreclosures. This legislation would also provide the Attorney General’s office with funding to prosecute mortgage-related crimes through a $25 fee to be paid by servicers upon the recording of a Notice of Default. The bill passed the Assembly Public Safety Committee on a 4 to 2 vote.

Allow the Attorney General to convene a special grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple jurisdictions. The bill passed the Public Safety Committees unanimously.

The Homeowner Bill of Rights is a follow-up to the National Mortgage Settlement in which Attorney General Harris secured $18 billion for California from the five biggest banks as a fine for fraudulent mortgage practices.

“When I secured the California commitment, I made clear it was only one of many steps I am taking to comprehensively address the mortgage and foreclosure crisis,” Attorney General Harris said.

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