Lawsuit Filed Against AB 130!

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Summary: On September 8, 2025, a coalition of mortgage lenders and trade groups filed suit in federal court challenging the constitutionality of California’s new law, AB 130. The case, California Mortgage Association v. Bonta, was filed by attorney T. Robert Finlay.

The lawsuit argues that while AB 130 was intended to address so-called “zombie mortgages” (old junior liens that resurface years later), the law goes far beyond that purpose. According to the complaint, the statute “casts a much wider net” that severely limits or eliminates the enforceability of nearly all subordinate liens on residential property in California.

Finlay contends AB 130 violates multiple constitutional protections, including the Contract Clause, Due Process, Takings, and Equal Protection provisions, and is also preempted by federal laws such as the Truth in Lending Act and RESPA. Critics warn the law could effectively wipe out second mortgages in the state, while supporters argue it provides needed protections against abusive foreclosure practices.

What does this mean?

This means that a lawsuit was officially filed to challenge the language within AB 130. The hope, and in my opinion, the correct outcome will result in a massive re-work of the bill with the guidance and input from the mortgage industry.

The fact that such a poorly written bill was rushed into law with essentially no input from industry professionals is both shocking and surprising.

While there is no word yet on an injunction, we will keep our fingers crossed for some relief from what we consider an unconstitutional law.

New Law - AB 130 - Does this kill junior lending?

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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.

Business purpose loan updates

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As many of you know, private lenders primarily do what is considered to be “business purpose loans”. What is a Business Purpose Loan? A business-purpose loan is a type of financing where the borrowed funds are used primarily for business-related activities rather than personal, family, or household purposes. We operate under the business purpose exemption since it enables us to provide financing with more flexible terms to borrowers who need quick access to capital for business ventures, real estate investments, or other commercial activities. Relying on this exemption ensures that we remain compliant with applicable laws while meeting the specific needs of your business clients.

 

I have been asked many times what we do to prove that our loans are being used for business purposes, so I wanted to elaborate on the process and disclosures we use. 

 

  1. Purpose letter. We get a letter (typically handwritten or on business letterhead) from our borrower on every transaction where they explain what the loan proceeds will be used for. 

  2. We get a “certificate of business purpose” where they describe in bullet point format how the loan proceeds will be broken down to further provide insight in to how the funds will be used. 

  3. We review the loan proceed breakdown at the end of the transaction to be sure a majority of the loan will be used for business purposes. 

  4. We have an additional business purpose affidavit called “Affidavit Regarding Business/Commercial/Investment Loan Purpose” that we have the borrower sign with loan documents AND NOTARIZE to verify completion and understanding. 

  5. Our loan application was specifically built for business purpose loans with additional language added to make it clear we don’t do consumer purpose loans. 

 

These five points ensure that our file is well-documented and clearly for business purposes. 

American Association of Private Lenders

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Jeff LaMotte will attend the American Association of Private Lenders (AAPL) annual conference on Monday, November 11th in Las Vegas, NV. The American Association of Private Lenders is the oldest and largest national association for the private lending industry. Each year, they host the nation’s largest private lending event featuring the right mix of comprehensive education and networking.

Legislative Changes

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Governor Newsom has signed Senate Bill 1146, sponsored by the California Mortgage Association, which will take effect on January 1, 2025, to address the usury issues created by the In re Moon decisions. The new law allows any licensed broker to negotiate or arrange a forbearance, modification, or extension of a loan with an interest rate over 10% while retaining the broker exemption from usury caps. This legislative fix comes after the 9th Circuit's Bankruptcy Appellate Panel limited lenders' options in In re Moon, requiring the original broker's involvement in forbearances to maintain the usury exemption, thus constraining lenders trying to help borrowers avoid foreclosure. With judicial appeals unsuccessful, SB 1146 provides a solution by expanding the broker exemption, offering more flexibility for lenders and borrowers alike.

Predicting the Future: How Economic Indicators Affect Real Estate Markets

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Understanding economic indicators is essential for anyone involved in the real estate market. This post will explore how various economic indicators can predict changes in the real estate market, aiding investors and homebuyers in their decision-making processes.

Key Economic Indicators:

  1. GDP Growth: A strong indicator of economic health, GDP growth affects consumer confidence and purchasing power, which in turn influences real estate demand.

  2. Employment Rates: Higher employment rates increase income levels and housing demand, pushing up property values.

  3. Consumer Confidence: High consumer confidence usually leads to more transactions in the real estate market as people feel more secure in making large investments like buying a home.

Analyzing the Trends: To use these indicators effectively, monitor reports such as the monthly employment statistics from the U.S. Bureau of Labor Statistics or quarterly GDP reports from the Department of Commerce. Understanding these trends can help predict periods of high activity in the real estate market.

Expert Opinions: Economic experts believe that while these indicators provide valuable insights, they should be considered alongside local market conditions and specific property evaluations to make the best real estate decisions.

By staying informed about economic indicators, real estate professionals and investors can better anticipate market shifts and position their investments for success. This strategic approach can lead to more informed buying, selling, and investing decisions in the real estate market.

Navigating the Waves: How Interest Rates Influence Real Estate Values

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In the dynamic landscape of real estate, interest rates play a pivotal role in shaping market values. This post delves into the intricate relationship between interest rates and the real estate market, offering insights into how fluctuations can affect homebuyers, investors, and the overall economy.

Understanding Interest Rates: Interest rates, determined by the Federal Reserve in the United States, are a powerful tool used to control economic growth. When rates are low, borrowing becomes cheaper, leading to an increase in homebuying activity which typically drives up property values. Conversely, when rates rise, borrowing costs increase, cooling down the market and potentially leading to decreased property values.

Historical Impact on Real Estate Values: Historically, there is a noticeable correlation between interest rate adjustments and real estate market responses. For instance, during periods of low interest rates, such as the early 2000s and post-2008 financial crisis, there was a significant rise in property values as more consumers were able to afford mortgages. On the other hand, high interest rates in the early 1980s led to a slump in the housing market.

Expert Insights: Economic experts suggest that understanding interest rate cycles can be crucial for investors and homebuyers. Predicting when rates will rise or fall can help in planning when to buy or sell property to maximize value. It's also advised to keep an eye on announcements from the Federal Reserve regarding economic policy changes, as these can indicate forthcoming adjustments to interest rates.

Future Predictions: While predicting the exact impact of interest rate changes can be challenging, being aware of the economic indicators that influence these changes can be beneficial. Factors such as inflation, employment rates, and GDP growth are important to monitor.

Interest rates are a fundamental factor influencing real estate values. By understanding how they affect the market, stakeholders can make more informed decisions, better manage risks, and potentially reap higher rewards. Whether you're planning to buy your first home or invest in multiple properties, keeping a close eye on interest rate trends is crucial.