AB 1847: Mortgage forbearance: state of emergency: wildfire.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law authorizes a borrower to request forbearance on their residential mortgage loan for a period of 12 months if, among other things, the borrower affirms that they are experiencing financial hardship that prevents them from making timely payments on the loan due directly to the wildfire disaster described in the proclamation of a state of emergency issued by Governor Gavin Newsom on January 7, 2025, or the federally declared disaster, declared on January 8, 2025, related to the Eaton Wildfire, the Palisades Fire, and the Straight-line Winds. Existing law requires an applicant requesting forbearance on their residential mortgage loan to affirm that they are experiencing a financial hardship due to the wildfire disaster. Existing law requires that request to be made before the earlier of either 6 months after the date upon which the state of emergency is terminated or January 7, 2027. Existing law requires a borrower to be notified by the mortgage servicer within 10 business days whether their request for forbearance has been approved. Existing law prohibits any late fees from being assessed to the borrower’s account during the period of forbearance, and the borrower from being charged a default rate of interest.

This bill would extend the period of mortgage forbearance to 24 months and extend the latest possible deadline for a borrower’s request for forbearance to January 7, 2029. The bill would require an applicant requesting forbearance on their residential mortgage loan to further affirm that the property securing the loan is uninhabitable due to the wildfire disaster. Because the bill would expand the crime of perjury, the bill would impose a state-mandated local program. If the borrower has requested an extension of a forbearance period that would result in a total forbearance period of more than 12 months, the bill would authorize a mortgage servicer to request certain related documentation from the borrower, as specified. The bill would extend the amount of time the mortgage servicer has to notify the borrower whether their request for forbearance has been approved to 21 days or longer, as specified. During the period in which the borrower is waiting to be notified, the bill would prohibit any late fees from being assessed to the borrower’s account, and the borrower from being charged a default rate of interest.

Existing law requires a mortgage servicer to disclose to a borrower to whom a forbearance has been granted that the forborne mortgage payments are required to be repaid. Existing law prohibits requiring a borrower who was current on the residential mortgage loan when they entered forbearance to make a lump sum payment.

This bill would require a mortgage servicer to offer the borrower the option to defer repayment of forborne amounts to the end of the loan term, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Sponsors

Sponsors by party (alphabetical): Democratic 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 15, 2026Chaptered by Secretary of State - Chapter 242, Statutes of 2026.
2. September 15, 2026Approved by the Governor.
3. August 31, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 25, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 6454.).
5. August 24, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 24, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0.).
7. August 17, 2026Read second time. Ordered to third reading.
8. August 13, 2026Read second time and amended. Ordered returned to second reading.
9. August 13, 2026From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 13).
10. August 3, 2026In committee: Referred to APPR. suspense file.
11. July 1, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 30). Re-referred to Com. on APPR.
12. June 22, 2026Read second time and amended. Re-referred to Com. on JUD.