Business Law

Business Law News 2018, Issue 2

2018 Changes to Homeowner Bill of Rights

Andrew W. Noble

Andrew W. Noble is an attorney at Severson & Werson in San Francisco, California, and is a past chair of the Consumer Financial Services Committee. Mr. Noble represents residential and commercial mortgage lenders in litigation and transactional matters, and has tried numerous mortgage-related cases in California, Washington, and Colorado courts. Mr. Noble may be reached at awn@severson.com.

The California Legislature enacted the Homeowner Bill of Rights ("HBOR") in 2012 to provide protections for homeowners facing non-judicial foreclosure and to modify certain aspects of the foreclosure process.1 Many (but not all) HBOR statutes were scheduled to sunset on January 1, 2018. Of the statutes that were scheduled to sunset, many (but not all) were replaced by parallel statutes that became operative the same day. The changes add some new homeowner protections, but remove others, and modify still other protections in ambiguous ways. This article explores how a mortgage servicer’s obligations toward its defaulted borrowers changed effective January 1, 2018, and how courts and litigators are responding.

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