Attorney John Mlnarik

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California Homeowner Bill of Rights Signed Into Law

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!NEWSFLASH!

On July 11, 2012, Governor Brown signed the Homeowner Bill of Rights. This important bill extends reforms to help homeowners who are having trouble with their residential mortgage. The most significant aspects of the bill follow:

1. The bill prevents lenders from “dual-tracking” borrowers. This means that when a homeowner is negotiating new terms for a modification with a residential loan borrower, the lender is prohibited from pursuing a foreclosure simultaneously.

2. The bill imposes civil penalties of up to $7,500 for auto-signing foreclosure documents (this process is frequently referred to as “robo-signing”, meaning that lenders file testimony about their possession of original documents and their review of business records without checking the accuracy of their statements).

3. The bill also requires lenders and loan servicers to establish a simple point of contact for borrowers. If you contact the lender, you will be able to reach someone with knowledge of your residential loan who has direct access to a decision maker. This means no more runaround from the lender when you call to check on the status of your modification request.

This Bill is going to protect many Californian residents who are in default, as well as many more who are or will be in the modification process.

If you have questions about how this bill will impact you, or questions about real estate or mortgage law issues, you are welcome to contact

The Mlnarik Law Group, Inc. at (408) 919-0088 or john@mlnariklaw.com

The Mlnarik Law Group, Inc., Real Estate Litigation Attorneys

 

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