California Fights Bank Foreclosures

California Attorney General Kamala Harris has called her state the \"epicenter\" of the foreclosure and mortgage crisis having, in the year 2011, seven of the nation\'s 10

hardest-hit cities by foreclosure were in California.

California\'s prolonged real estate slump has resulted in more than one million California homes were lost to

foreclosure in the past three years alone. To bring this point home, I am talking not about homes simply in

foreclosure or threatened by foreclosure, but lost through foreclosure.

Moreover, while parts of the California real estate market are recovering, statewide there are an additional 700,000 properties currently in various stages of the foreclosure

process.

As a result of such horrific statistics, on July 11, 2012, in order to stem the wave of foreclosure, California enacted

into law a \"Homeowner Bill of Rights\" for the purpose of aiding embattled homeowners.

One of the key provisions of the new law is the ban on \"dual tracking,\" a practice whereby the lender on one

hand proposes to give the borrower to a modification and at the same time, is foreclosing. As one might expect, this practice has the effect of lulling homeowners into a false

sense of security.

The Bill of Rights\' dual tracking ban would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or

authorized agent from recording a notice of default, notice of sale or conducting a foreclosure sale while a complete

loan modification application is pending on a mortgage or deed of trust secured by residential real property not

exceeding 4 dwelling units that is owner-occupied.

In addition, mortgage servicers will be required to designate a \"single point of contact\" for borrowers who are potentially eligible for a loan modification. The new

law requires the single point of contact be responsible to coordinate the flow of documentation between borrower and mortgage servicer and be knowledgeable about the

borrower\'s status and foreclosure prevention alternatives.

The new law also establishes procedures to be followed in connection with a modification application on a loan

secured by a first lien. There are also procedures that must be followed in connection with the denial of an

application, and most importantly it provides for a borrower\'s right to appeal a denial.

The enforcement provisions of the Bill of Rights authorize a borrower, who is forced to litigate with his/her lender, to seek an injunction and damages for violations of certain of

the provisions described above. Under its provisions, for the first time in the state of California, a homeowner will be able to secure injunctive relief without having to cure

arrears or post expensive bonds.

In addition to injunctive relief, California\'s Homeowner Bill of Rights authorize the greater of treble actual

damages or $50,000 in statutory damages if a violation of certain provisions of the law is found to be intentional, reckless or resulting from willful misconduct. Prevailing

borrowers may also receive attorneys\' fees.

There are also changes to the notice provisions of a Trustee\'s Sale. These changes include the requirement that written notice be given to the borrower after the

postponement of a Trustee\'s Sale.

California\'s Homeowners Bill of Rights legislation is effective January 1, 2013, and can be found in the recent amendments and additions to the California Civil Code Sections relating to mortgages. ( See: Civil Code 2920.5, 2923.4, 2923.5, 2924, 2923.6, 2923.7, 2923.55, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18,

2924.19 and 2924.20 )

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