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July 24, 2012 > California Homeowner Bill of Rights signed into law

California Homeowner Bill of Rights signed into law

Submitted By the Office of the State Attorney General

The Homeowner Bill of Rights, which will protect homeowners and borrowers during the mortgage and foreclosure process, was signed into law on July 11, 2012 by Governor Edmund G. Brown Jr.

The Homeowner Bill of Rights prohibits a series of inherently unfair bank practices that have needlessly forced thousands of Californians into foreclosure. The law restricts dual-track foreclosures, where a lender forecloses on a borrower despite being in discussions over a loan modification to save the home. It also guarantees struggling homeowners a single point of contact at their lender with knowledge of their loan and direct access to decision makers and imposes civil penalties on fraudulently signed mortgage documents. Additionally, homeowners may require loan servicers to document their right to foreclose.

The laws will take effect on January 1, 2013 and borrowers can access courts to enforce their rights under this legislation.

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