California Homeowner Bill of Rights
- Effective from January. 1st, 2013
- Overview
- AB-278 Mortgages and deeds of trust: foreclosure.(2011-2012)
- SB-900 Mortgages and deeds of trust: foreclosure.(2011-2012)
Major provisions include:
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Dual track foreclosure ban: Mortgage servicers will be required to render a decision on a loan modification application before advancing the foreclosure process by filing a notice of default or notice of sale, or by conducting a trustee’s sale. The foreclosure process is essentially paused upon the completion of a loan modification application for the duration of the lender’s review of that application.
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Single point of contact: Mortgage servicers will be required to designate a “single point of contact” for borrowers who are potentially eligible for a federal or proprietary loan modification application. The single point of contact is an individual or team with knowledge of the borrower’s status and foreclosure prevention alternatives, access to decision makers, and the responsibility to coordinate the flow of documentation between borrower and mortgage servicer.
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Enforceability: Borrowers will have authority to seek redress of “material” violations of theCalifornia Homeowner Bill of Rights. Injunctive relief willbe available prior to a foreclosure sale and recovery of damages will be available following a sale.
- Verification of documents: The recording and filing of multiple unverified documents will be subject to a civil penalty of up to $7,500 per loan in an action brought by a civil prosecutor. Enforcement will also be allowed under a violator’s licensing statute by the Department of Corporations, Department of Real Estate or Department of Financial Institution.
General Resorces
- California Complain Form Against Corp/ Lenders/Banks
- California Dept. of Justice/ Mortgage Complains Dept.
- California Keep Your Home Program/ CalHFA Program
- California Lawyer Referral Services/ Ask for Free Consultation Atty.
- Chicago Legal Aid Foundation/ Free Assistance
California Government Agencies
State
- California Governor Jerry Brown
- California Atty. General
- Consumer Agencies to which you may file complains
- Dept. of Real Estate
- Financial Fraud Enforcement Task Force
- HUD (California Housing and Urban Development) In California
- HUD Office of Inspector General(OIG) Hotline
- Office of Real Estate Appraisers
County
- Kern County DA Office
- L.A. County DA Office
- Orange County DA Office
- Riverside County DA Office
- San Bernardino County DA Office
- San Diego County DA Office
- San Francisco County DA Office
- San Mateo County DA Office
- Stanislaus County DA Office
- Ventura County DA Office
Non-government Resources
- Asian Pacific American Legal Aid/Southern CA/Free Assistance
- Bay Area Legal Aid/Free or Small Fee Services
- California Indian Legal Aid/Assistance To CA Natives/Free Assistance
- California Law Help
- California Pro Bono Advocates
- California Protect The Dream
- California Rural Legal Assistance/Farmworkers/Free Assistance
- Central CA Legal Assistance/Free
- Consumer Info. & Complains
- Foreclosure Attorney/Free Consultation
- Foreclosure Defense/Self Help/Book
- Foreclosure In California Infomation Site
- Get Public Records
- Homeowner Counseling/Free
- Housing And Economic Rights Advocacy/Free Assistance
- Islanders/Asian Americans Legal Assistance/Free
- Keep Your Home California Program/Free
- Loan Modification Resources/Free
- Los Angeles County Bar Association/Lawyer Referral/Free
- Los Angeles Neighborhood Housing Services/Free Assistance
- Low Income Tenants Facing Eviction/Assistance/Free
- NCLR/Home For Good
- Silicon Valley Legal Aid/Free Assistance
