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SDNews.com
Home La Jolla Village News

State sets new laws into motion

Tech by Tech
January 6, 2011
in La Jolla Village News, News
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State sets new laws into motion

Hundreds of new California laws effectively went on the books Jan. 1, targeting items from loss-driven property sales and property fix-it breaks to delayed divorce proceedings and stricter policing on Internet cyberbullying. A law affecting the real estate industry will have a particularly wide-ranging impact. In certain cases, if a borrower — with the consent of a lender — sells a property for less than the remaining debt on the loan, the lender must accept the sale as full payment. However, according to real estate lawyer and consultant Herman Thompson, “the bar is still on the hook” since the forgiven debt — that is, money the borrower would have had to pay — could be considered income. “It’s taxable income but they can get it excused if they file for bankruptcy or they can prove they were financially insolvent at the time of the foreclosure,” Thompson said. Thompson said some homeowners who find themselves in the middle of a bad situation might be better off to just walk away. “Yeah, your credit is going to go bad, but you can make it good again in about three to five years and you save,” Thompson said. Hundreds of provisions affecting the mortgage industry have come into play partly because of the housing crisis that started in 2008 — a meltdown situation that brought a flood of foreclosures in recent years. The housing crisis is yet to even out despite a slowly recovering market. Thompson said he expects even more foreclosures in coming years because some mortgage payments are set to balloon in 2012. The good news is that San Diego is just about No. 1 in the country in terms of recovery, according to Patrick Park, president and CEO of Prudential Dunn Realtors in Pacific Beach. “I think the people working for the Internal Revenue Service are going to be really busy for the next few years,” Park said. Another significant change in California law pertains to divorce proceedings — legal changes which are expected to delay the process and likely increase costs, according to several family-law experts. The new law requires oral testimony in court — something previously dealt with primarily through written declarations of divorce-seeking couples. Experts said the extra steps could increase the cost to the parties involved because of additional work required by attorneys. A few other notable new laws or changes to existing laws took effect Jan. 1: Truancy: Parents of students who miss too much school and, by default, violate truancy laws could be held criminally liable.?Property: Local governments must now give owners of vacant, foreclosed properties a chance to fix possible maintenance violations before imposing a fine or penalty — except in health emergencies. Cyberbullying: It will now be a misdemeanor to impersonate another person on the Internet with the intent to harm the victim. Child sex abuse: A new law allows for quicker identification of sex offenders in child-abduction cases; investigators must provide a list of sex offenders in a given area within two hours of a reported abduction. Drug possession: Possessing less than 28.5 grams of marijuana will now be an infraction instead of a misdemeanor.?Medical marijuana: Collective dispensaries cannot be located within 600 feet of a school.   To view the full 55-page list of new California laws, visit the state’s website at www.leginfo.ca.gov/

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