Chapter 11 Bankruptcy Attorneys

California Homeowner Bill of Rights

Did You Lose Your Home In A Wrongful Foreclosure?

Our Newport Beach & Corona, CA Homeowner Relief Attorneys Can Help You Recover Damages!

Under California law, if you lost your home to a wrongful foreclosure, you may be able to sue your mortgage lender, mortgage servicer and the trustee for damages.

Call Saunders & Associates, APC, today to find out if you were wrongfully foreclosed. If your property is classified as “owner occupied” and you were living in your home when the Notice of Default and the Notice of Sale was issued and you were actively pursuing a:

Loan Modification
Forbearance
Reinstate Loan
Short Sale
Deed In Lieu Of Foreclosure

Prior to foreclosure, you could be entitled to up to $50,000 in damages. (California Civil Code §2920.5-2924.20.)

If you are currently living in your home and are facing foreclosure and have an imminent Sale Date, you have rights under California law. The California Homeowners Bill of Rights provides recourse for homeowners that have a dual tracking cause of action.

California’s Homeowner Bill of Rights Summary:

The 2012 California Homeowner Bill of Rights is a legislative package designed to bring fairness, accountability and transparency to the state’s mortgage and foreclosure process. 

More than one million California homes were lost to foreclosure between 2008 and 2011— with an additional 500,000 currently in the foreclosure pipeline. Seven of the nation’s 10 hardest-hit cities by foreclosure rate in 2011 were in California. 

The California Homeowner Bill of Rights marks the third step in Attorney General Harris’ response to the state’s foreclosure and mortgage crisis. The first step was to create the Mortgage Fraud Strike Force, which has been investigating and prosecuting misconduct at all stages of the mortgage process. The second step was to extract a commitment from the nation’s five largest banks of an estimated $18 billion for California borrowers. The settlement contained thoughtful reforms but were only applicable for three years, and only to loans serviced by the settling banks. 

Two key bills contain significant mortgage and foreclosure reforms. AB 278 (Eng/Feuer/Mitchell/Pérez) and SB 900 (Leno/Evans/Corbett/DeSaulnier/Pavley/Steinberg) have been thoroughly considered by a legislative conference committee. The major provisions of the bills include:

Dual track foreclosure ban – The legislation would require a mortgage servicer 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.
Single point of contact – The legislation would require a mortgage servicer 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 which must have 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.
Enforceability – Includes authority for borrowers to seek redress of “material” violations of the legislation. Injunctive relief would be available prior to a foreclosure sale and recovery of damages would be available following a sale.
Short SaleVerification of documents – The legislation would subject the recording and filing of multiple unverified documents to a civil penalty of up to $7,500 per loan in an action brought by a civil prosecutor. It would also allow enforcement under a violator’s licensing statute by the Department of Corporations, Department of Real Estate or Department of Financial Institutions.

The other bills in the California Homeowner Bill of Rights are: 

BLIGHT PREVENTION LEGISLATION: AB 2314 (Carter) & SB 1472 (Pavley and DeSaulnier) to help combat the blight and crime associated with foreclosed properties. 

AB 2314: Passed out of Assembly (71-0). It was passed out of the Senate Judiciary on June 26 (4-0). It will be heard next on the Senate floor. 

SB 1472: Passed out of Senate (36-0). It passed out of Assembly Housing and Community Development (7-0) on June 27, and will be heard next in the Assembly Judiciary Committee on July 3. 

TENANT PROTECTION LEGISLATION: AB 2610 (Skinner) and SB 1473 (Hancock) to help protect tenants in foreclosed properties. 

AB 2610: Passed out of Assembly (56-14). It will be heard next in the Senate Judiciary on July 3. 

SB 1473: Passed out of Senate (25-13). It passed out of the Assembly Housing and Community Development on June 27 (6-1) and will be heard next in the Assembly Judiciary on July 3. 

ENHANCEMENT OF ATTORNEY GENERAL ENFORCEMENT ACT: AB 1950 (Davis) to strengthen the law enforcement response to mortgage and foreclosure fraud. 

AB 1950: Passed out of Assembly (56-22). It passed out of Senate Banking (5-0) on June 27 and will be heard next in the Senate Judiciary, July 3, 2012. 

ATTORNEY GENERAL SPECIAL GRAND JURY ACT: AB 1763 (Davis) and SB 1474 (Hancock) to strengthen prosecutions of complex, multi-jurisdictional fraud and crimes. 

SB 1474: Passed out of Senate (38-0). Passed out of Assembly Public Safety (4-0) and will be heard next in Assembly Appropriations. 

AB 1763: Passed out of Assembly (78-0). Passed out of Senate Public Safety on June 26 (7-0). It will be heard next in Senate Appropriations. 

You have rights. At Saunders & Associates, you get an experienced legal team and support staff who will know your case, the law, best practices, courses of action, and yes, you as a person in need of guidance, direction, and experienced legal representation. If your lender violated you right, we will file a:

Civil lawsuit against your Lender, Servicer and Trustee;
CFPB against your Lender, Servicer;
Temporary restraining order (TRO).

If you are wondering what makes Saunders & Associates different. The answer is YOU. Saunders & Associates is an excellent partner and guiding light for you, your business and legal needs. 

If You’re Facing Foreclosure . . . See What Saunders & Associates Can Do For You

Call Us Today (949) 844-8445