California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 19.1 — Mortgage Forbearance Act, Section 3273.27

(a)(1) With respect to a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines applicable to the federally backed loan.

(2) Servicing guidelines applicable to a federally backed loan includes servicing guidelines like those issued by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), the Single Family Housing Policy Handbook issued by the Federal Housing Administration of the United States Department of Housing and Urban Development, the VA Servicer Handbook issued by the United States Department of Veterans Affairs, or a servicing handbook issued by the Rural Development division of the United States Department of Agriculture, as those guidelines existed on January 13, 2025.

(b) With respect to a residential mortgage loan that is not a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines issued by Fannie Mae or Freddie Mac.

(c) For purposes of this section, “conflicts with” means that it is impossible to comply with this title and the person’s obligation under the applicable servicing guidelines.

Notes

Exempts a person from liability under the disaster-forbearance title when compliance conflicts with applicable servicing guidelines: federally backed loans use the applicable federal or government-sponsored guidelines as they existed January 13, 2025, while other residential mortgages use Fannie Mae or Freddie Mac guidelines. A conflict exists only when complying with both the title and applicable servicing obligation is impossible.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3273.27 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-19-1/section-3273-27

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