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Making the Most of California's New Homeowner Bill of Rights

Recorded on: Oct. 25, 2012
Running Time: 01:06:08

Don’t miss this important Free Briefing in recognition of National Pro Bono Celebration Week!

Taken from the briefing Making the Most of California's New Homeowner Bill of Rights recorded October, 2012.

On July 11, 2012, Governor Jerry Brown signed into law key provisions of Attorney General Kamala Harris’ Homeowner Bill of Rights.  This landmark legislation is designed to protect California homeowners from losing their homes to foreclosure if an alternative resolution is possible.  The new law includes restrictions on dual-tracking (initiating foreclosure against a borrower who has a loan modification application under review), requirements for improved communications by mortgage servicers and, importantly, a private right of action to enforce compliance.  The law goes into effect on January 1, 2013, and advocates for homeowners will need to get up to speed on it by then in order to represent their clients effectively both in and out of court. This One-Hour Briefing will guide you through the relevant provisions of the legislation and also point out some of the law’s limitations so you can effectively advise and represent your clients.

Maeve Elise Brown and Lisa Sitkin, foreclosure prevention attorneys at Housing and Economic Rights Advocates who have been closely involved in advocating for this legislation for the past three years, will discuss the important provisions of the Homeowner Bill of Rights and offer tips on how to make sure your clients get the full benefit of the law’s protections.

Lecture Topics  [Total time 01:06:08]

  • An overview of the major provisions in the Homeowner Bill of Rights, including the ban on dual tracking and the single-point-of-contact requirements
  • How the law interacts with other loss mitigation programs, rules and regulations
  • A guide to the legal remedies available to borrowers both pre- and post-foreclosure and what specific violations trigger the private right of action
  • Advice on how to navigate limitations in the law’s protections

Presentation Material

  • Making the Most of California's New Homeowner Bill of Rights
  • Maeve Elise Brown, Lisa Sitkin
  • Making the Most of California's New Homeowner Bill of Rights Handout
  • Quick Search
  • SB-900 Assembly Floor Analysis
  • SB-900 Senate Floor Analysis
Speaker(s)
Maeve Elise Brown ~ Executive Director, Housing and Economic Rights Advocates
Lisa Sitkin ~ Managing Attorney, Housing and Economic Rights Advocates

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