California Foreclosure Prevention Act Update
CFPA Exemptions List Available

Many members have asked about where they can find listings of temporary or final exemptions obtained by their loan servicer clients under the California Foreclosure Prevention Act (“CFPA” aka SBx2_7; Civil Code §§ 2923.52 et seq.) Attached are the websites for the California Department of Financial Institutions (“DFI”); for the California Department of Real Estate (“DRE”) and for the California Department of Corporations (“DOC”). Unfortunately, members must check all three websites as different loan servicers are regulated by different regulators. The good news is that each of the websites links to each of the other agency’s websites.

In addition, the DFI, DOC and DRE each have their own Emergency Regulations. While the DFI and DOC regulations are identical, unfortunately the DRE regulations differ in certain respects. Each member should check with their counsel to determine the significance of these differences. Attached are copies of all three sets of the final emergency regulations. Members who are using prior versions of draft regulations or prior versions of the Emergency Regulations should discard them as they have been replaced by the final versions filed on June 1, 2009. The final versions of the emergency regulations can also be found on the UTA website.

Commissioner’s Websites and CFPA Regulations
(Note: These links and references can be found permanently on the UTA Website’s ‘Forms & Documents’ Page)

Department of Corporations (“DOC”) exemptions are listed here under “CFPA Exempt Leaders”
DOC Emergency Regulations

The Department of Financial Institutions (“DFI”) exemptions are listed here
DFI Emergency Regulations

Department of Real Estate (“DRE”) exemptions are listed here
DRE Emergency Regulations