January 22, 2018
Authored by: Alex Whitworth and Jessica Blaemire
On January 1, 2018, certain provisions of the California Homeowner Bill of Rights (“HBOR”) expired. But contrary to what many assumed, the January 1, 2018 expiration date did not apply to all of the HBOR’s provisions, and many provisions have been replaced by new regulations. We’ve prepared the below summary of some of the substantial changes to the law and how they will affect HBOR litigation in the future.
- The new HBOR removes many of the distinctions between servicers conducting more/less than 175 annual foreclosures. In most but not all respects, all servicers are treated the same going forward.
- Changes in the private right of action/relief.
- The HBOR still has a private cause of action, but only for material violations of section 2923.5 (pre-NOD notice requirements), 2923.7 (single point of contact), 2924.11 (dual tracking), and 2924.17 (accuracy of NOD declaration; substantiate right to foreclose).
- Injunctive relief is available prior to the recording of a trustee’s deed. After a trustee’s deed is recorded, a servicer may be liable for actual economic damage and the greater of treble or actual damages for material violations that are intentional or reckless. Attorney’s fees are still available if the borrower prevails.
- However, mortgage servicers who have engaged in “multiple and repeated uncorrected violations” of section 2924.17 are no longer liable for a $7,500 penalty.