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How the two California laws differ
The measures address distinct circumstances. AB 1842 is a statewide framework tied to a residential unit becoming uninhabitable because of a declared state emergency. AB 1847 is wildfire-specific and tied to financial hardship that prevents timely mortgage payments. Both were chaptered on September 15, 2026.
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| Measure | Who may qualify | Request deadline | Maximum forbearance | Borrower affirmation |
|---|---|---|---|---|
| AB 1842, Chapter 241 | A borrower with a covered residential mortgage loan secured by property improved by four or fewer residential units, when a residential unit became uninhabitable directly because of a declared state emergency. | Within six months of the emergency declaration. | Initial 180 days, extendable at the borrower’s request in 90-day increments, up to 12 months total. | The borrower must affirm that the unit is uninhabitable. |
| AB 1847, Chapter 242 | A borrower experiencing financial hardship that prevents timely payments because of the specified wildfire disaster. | Before the earlier of six months after the state emergency ends or January 7, 2029. | Up to 36 months, in 90-day increments after an initial period of up to 90 days. | The borrower must affirm financial hardship due to the wildfire disaster. |
These descriptions summarize the enacted text; they do not establish that every loan or borrower qualifies. See the AB 1842 text and AB 1847 text for statutory terms.
What AB 1842 does for an uninhabitable home
AB 1842 establishes the California Emergency Mortgage Relief Act. It applies to residential mortgage loans secured by property improved by no more than four residential units. A borrower may request relief if a residential unit became uninhabitable directly as a result of a declared state emergency, applies within six months of the declaration, and affirms the uninhabitable condition.
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Forbearance period and protections
The law provides an initial 180-day forbearance. At the borrower’s request, it may be extended in 90-day increments, up to a total of 12 months. During the required forbearance, the law addresses notices and servicer responses, bars late fees and default-rate interest, addresses credit reporting, and bars foreclosure activity while the borrower complies with the forbearance.
Repayment is postponed, not cancelled
Forborne payments remain owed. The law requires disclosure that the payments must be repaid. A borrower who was current when entering forbearance cannot be required to repay the forborne amount in a lump sum. The statute also provides a borrower-elected deferral option when applicable investor contracts or servicing guidelines do not prohibit it.
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What AB 1847 does for wildfire-related financial hardship
AB 1847 permits a qualifying borrower to request forbearance when financial hardship caused by the specified wildfire disaster prevents timely mortgage payments. The borrower must affirm that hardship. A request must be made before the earlier of six months after termination of the state emergency or January 7, 2029.
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The maximum period is 36 months. After an initial period of up to 90 days, extensions are in 90-day increments. The enacted text also addresses previously provided forbearance, repayment, fees, default-rate interest, credit reporting, and servicer notices. The exact application and available repayment options depend on the statute’s terms and the servicing circumstances for the loan.
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Why the mortgage servicer may not control every option
A mortgage servicer collects payments and communicates with the borrower, but it may administer a loan owned by an investor. The servicing guidelines and investor contract can constrain what the servicer is permitted to offer. AB 1842 expressly addresses potential conflicts with applicable servicing guidelines and investor contracts, including limits on its borrower-elected deferral option. For either law, ask the servicer how the statute applies to your loan and which repayment choices are available.
AB 1842 also directs the California Department of Financial Protection and Innovation (DFPI) to post links to relevant guidance for federally backed loans, summaries of Fannie Mae and Freddie Mac guidance, and a dedicated borrower-assistance telephone number. Consult DFPI’s official website for borrower resources.
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What the partnership argument does—and does not—establish
In a Capitol Weekly opinion published October 8, 2026, California Bankers Association president and CEO Kevin Gould argues that collaboration among lawmakers, mortgage-industry stakeholders, and the governor helped turn proposals into more workable relief. He says earlier AB 1842 proposals were too broad and burdensome for servicers, and that the final provisions were revised in response. Gould describes AB 238 as establishing earlier mortgage-forbearance protections for people facing financial hardship because of the Eaton and Palisades fires, with AB 1842 and AB 1847 building on that work.
That account of the negotiations and the California Bankers Association’s role is Gould’s position, not an independent finding established by the bill texts. The enacted statutes establish the relief terms; they do not show who caused particular amendments or how many borrowers received relief. Gould’s summary is that “good intentions become workable policy” through partnership.
Quick Recap
Practical steps if a wildfire or emergency affects your mortgage
- Identify the relevant route. Consider AB 1842 if a covered residential unit became uninhabitable because of a declared state emergency. Consider AB 1847 if the specified wildfire caused financial hardship that prevents timely payments.
- Contact your servicer promptly. Ask how to submit a request, what affirmation and documents are needed, and how the deadline applies to your emergency or wildfire. Do not assume relief starts automatically.
- Ask for the terms in writing. Confirm the forbearance period, any extension process, payment treatment, fees or interest, credit reporting, and what will happen when the period ends.
- Discuss repayment before agreeing. Ask whether a deferral or another option is available for your loan, and whether investor requirements or servicing guidelines limit it.
- Check current official resources. Use DFPI’s borrower resources and the current statutory text to confirm information before relying on a specific deadline or repayment option.
Limits to keep in mind
- Eligibility is conditional, and the laws include exclusions and servicing-related constraints; neither relief route is universal or automatic.
- Forbearance delays payments rather than forgiving them. Understand the repayment arrangement before the forbearance ends.
- The available outcome data do not establish how many borrowers have received relief or how effective the measures have been.
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