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As of January 1, 2019, California Provided You the Homeowner More Rights to Avoid Foreclosure

by September Katje on Mar. 22, 2019

Real Estate Foreclosure Bankruptcy & Debt  Workout Real Estate 

Summary: Beginning January 1, 2019, additional protections were added under the Homeowner Bill of Rights, giving borrowers and homeowners added rights and protections to allow additional workout options to save their homes from foreclosure.

As of January 2019 the State of California reinstated and amended the Homeowner Bill of Rights.

The Homeowner Bill of Rights contains foreclosure protections for borrowers pursuing Loan Modifications and other foreclosure prevention alternatives such as: Short Sale, Selling the home, Deed in Lieu.

The key reforms to the California Homeowner Bill of Rights are:

1-Providing homeowners with a Single Point Of Contact ("SPOC");

2-Prohibiting dual-tracking;

3-Providing appeal rights after submission and denial of a complete loan modification application;

4-Establishing penalties for robo-signing;

5-Giving homeowners the right to sue for violations;

6-Protecting tenant rights.

WHAT A LENDER LITIGATION ATTORNEY CAN DO FOR YOU

The Process of Mortgage Foreclosure Defense:

Consumer Litigation Law Center's Attorneys will research and review the borrower's documents to find any and all legal violations made by your lender and loan servicer. The Mortgage Foreclosure Defense Lawyer will use their findings to draft and file a lawsuit on behalf of the borrower.

Potential Mortgage Violations Made by The Lender:

Dual Tracking- While the homeowner is in review for modification, the lender moves forward with a recording of a Notice of Default, Notice of Trustee Sale, or even foreclosure.

Homeowner Bill of Rights Violations- Recording a Notice of Default, Notice of Trustee Sale or even proceeding with foreclosure when a complete first lien loan modification application was submitted at least five business days prior to the Trustee Sale date; Failure to provide a Single Point of Contact; Failure to provide a written acknowledgment of receipt of a borrower's first lien loan modification application; Failure to provide a written denial of a loan modification application and appeal rights.

Negligence- The lender tells the borrower that they have never received any documents, lost the documents, tells the homeowner that they qualified for a modification but then forces them to reapply, or even tells the borrower the loan servicer will place the Trustee Sale date on hold or postpone but instead proceeds with foreclosure.

Estoppel- Delays assistance to the homeowner by stalling to run out the clock and then foreclose.

 

Consumer Litigation Law Center's Mortgage Defense Attorneys are experienced in suing mortgage lenders for Negligence and Wrongful Foreclosure. Our attorneys will support you as a homeowner and borrower and fight for your legal rights. Don't let your lender bully you or foreclose on your home!

Let our Attorneys help you! We are here for you! Call our office for a Free Consultation, and speak with a qualified Foreclosure Litigation Attorney Now.

- (714)-400-2970 - www.consumerlitigationlawcenter.com

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