In California, when you are in the loss mitigation process (seeking a loan modificaiton under HAMP for example) and you submit a COMPLETED LOAN MODIFICATION APPLICATION (which includes all documents requested) the loan servicer for most loan servicers will need to establish a SINGLE POINT OF CONTACT (i.e. a person or team that will handle your loan modification review and not foreclose on you in the process.
This is called the "single point of contact" right in CA. The law applies to residential loans )owner occupied) 1-4 units.
If the lender or loan servicer is infringing on that right under California law, you have a legal right (even though you might be in "default" of the loan) to seek to file a foreclosure lawsuit to stop the attempted wrongful foreclosure and file a lis pendens to protect your right to posession of the property. This right appllies where there are "material violations" of the California Homeowner Bill or Rights (CHBOR) which became effective January 2013.
Our real estate lawyers can help you protect your legal rights by fighting for you in the process to assert your legal rights under the CHBOR. The law allows you to request attorney fees and to seek an injunctino to stop the attempt to move toward non-judicial foreclosure.
Keep in mind the CHBOR also prohibits "dual tracking" and foreclosing with "robosigned" foreclosure documents (such as fraudulent assignments of deed of trust and substitution of trustee).
Contact us to discuss your case at (877) 276-5084
We can also be reached at our ForeclosureWarrior website.
Sorry we couldn't complete your registration. Please try again.
You must accept the Terms and conditions to register