Calif. Mortgage Overhaul May Raise Preemption Challenges
By Erin Coe
Law360, San Diego (July 5, 2012, 11:06 PM EDT) -- As the remaining homeowner protection measures proceed through the California Legislature, experts say the legislation that would make the state the first in the U.S. to put most of the national mortgage settlement with several banks into law is likely to face challenges in court claiming it is preempted by federal law.
After California lawmakers on Monday sent key bills to Gov. Jerry Brown that aim to bar dual-track foreclosures and robosigning by lenders, California Attorney General Kamala Harris announced Tuesday that several other measures that...