Duty to Maximize Net Present Value Owed to All Parties 2923.6.

1 Oct


2923.6.  (a) The Legislature finds and declares that any duty
servicers may have to maximize net present value under their pooling and servicing agreements is
owed to all parties in a loan pool, or to all investors under a pooling and servicing agreement, not to
any particular party in the loan pool or investor under a polling and servicing agreement, and that a
servicer acts in the best interests of all parties to the loan pool or investors in the pooling and
servicing agreement if it agrees to or implements a loan modification or workout plan for which both of
the following apply:
(1) The loan is in payment default, or payment default is
reasonably foreseeable.
(2) Anticipated recovery under the loan modification or workout plan exceeds the anticipated recovery
through foreclosure on a net present value basis.
(b) It is the intent of the Legislature that the mortgagee,
beneficiary, or authorized agent offer the borrower a loan
modification or workout plan if such a modification or plan is
consistent with its contractual or other authority.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends that date.

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