Brief Summary of the new law:

California’s new law, AB 130, has major implications for lenders making subordinate loans. The law creates new technical requirements that, if not met, can render a junior lien unenforceable—even for something as small as missing a monthly mortgage statement. This effectively prevents many lenders from foreclosing, even while a senior lienholder may still proceed with foreclosure.

Several major trade groups (CMA, CMBA, CBA, UTA, and the Credit Union League), with support from law firms, are preparing to challenge the law in court and seek an injunction. They are also seeking additional plaintiffs who have been directly impacted, such as lenders who can’t foreclose due to the new rules or those who have decided to stop making subordinate loans in California altogether.

Will this kill junior loans?

No, I don’t think it will. Honestly, after reading through the law, it sounds scarier than it really is. That’s not to say it’s well-written or addresses the correct items, but at least it doesn’t kill Jr. lending.

The new requirements surround the servicing of the loan. So, assuming you have a legitimate loan servicer who will file the new required certification, you should be fine.

However, that doesn’t mean this won’t delay things. The new law is ripe for abuse by ambulance-chasing attorneys and borrowers who like to play games.

While a lawsuit against the new law is pending, we will continue to provide Jr liens as a product for our clients. We have made and will continue to make adjustments to our loan terms to ensure that we continue to provide a favorable product for both our investors and borrowers.

What Next?

We hope the pending lawsuit against CA will prompt the state to recognize that the new law is poorly written and doesn’t effectively address the issue it was intended to solve. It was pushed through too quickly, and its impact extends much farther than intended. We hope that the lawsuit will provide an injunction while the industry attorneys fight the law.