CA Court Site Info on Foreclosure

Wednesday, July 23, 2014

HBOR 2013 Homeowner Stops Foreclosure With TRO


West Sacramento Homeowner Uses New

State Law to Stop Foreclosure

This story (see link above) goes over the fact that "dual tracking" is not allowed in California now.* HBOR (Homeowners Bill of Rights) was/is sorely needed, however since it only began in 2013 and is not retro-
active, victims must find out whether they have some type of harm that can be addressed regardless.

By reviewing cases shown on the 2013 and 2014 HBOR compendium (which contains over 200 footnotes to 
various cases), one can start to see that some judges are finding that civil codes which are not HBOR regs
may apply. Oftentimes cases state that there is no private right of action, so that is something that has to be
carefully considered. We have both the 2013 and 2014 HBOR data on our links list.


California Homeowner Bill of Rights

Under HBOR, if the homeowner submits a complete loan modification application, the foreclosure stops while the servicer reviews the loan modification application and makes a decision (Cal. Civ. Code §§ 2923.6(c), 2924.18(a)(1)). (HBOR's prohibition on dual tracking applies to both large and small servicers and will remain in effect until January 1, 2018.)

Exception for Multiple Applications

HBOR’s dual tracking protections, as well as those under the National Mortgage Settlement, do not apply if you resubmit an application, unless your financial circumstances have changed considerably. (Cal. Civ. Code § 2923.6(g)). 
This is to prevent homeowners from abusing the process by submitting repeat loan modifications with the sole purpose of delaying foreclosure

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