Today's Law As Amended


Bill PDF |Add To My Favorites |Track Bill | print page

AB-3100 Assumption of mortgage loans: dissolution of marriage.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 2951 is added to the Civil Code, to read:

2951.
 (a) A conventional home mortgage loan originated on or after January 1, 2027, and secured by owner-occupied residential real property containing four or fewer dwelling units with multiple borrowers shall include provisions to allow for any of the existing borrowers to purchase the property interest of another borrower on the loan by assuming the seller’s portion of the mortgage in connection with a decree of dissolution of marriage, a legal separation agreement, or an incidental property settlement if the assuming borrower qualifies for the underlying loan, as determined by the lender.
(b) For purposes of this section:
(1) “Conventional home mortgage loan” means a mortgage loan that is not insured or guaranteed by the federal government.
(2) “Owner-occupied” means that the property is the principal residence of the borrowers and is security for a loan made for personal, family, or household purposes.