Homeowner Bill of Rights

News & Analysis as of

Eminent Domain and Condemnation – What’s It All About?

Texan ranch owner Hugh Steerman (fondly known as “Gramps”) just received notice that his family’s fourth-generation, 2,000-acre, Rambling Steer Ranch is a possible pathway for the West Texas Rail from Fort Worth to El Paso....more

New Law Establishes A Bill Of Rights For CCRC Residents And Streamlines Several Statutory Requirements For CCRCs

On June 23, 2015, Governor Malloy signed into law Public Act. No. 15-115, An Act Establishing a Bill of Rights for Residents of Continuing-Care Retirement Communities ("the Act"). The Act establishes several protections for...more

Lenders Face Attorney Fee Liability for Preliminary Injunction Stopping “Dual Tracking”

Cases featuring “dual tracking” claims under California’s Homeowner Bill of Rights seem to be all the rage these days. My last post, Tender Not Required for a “Dual Tracking” Claim, highlighted a recent Court of Appeal...more

Locke Lord QuickStudy: California Court of Appeal Expands Borrowers’ Ability to Recover Attorneys’ Fees Under HBOR

On June 12, 2015, the California Court of Appeal, Third Appellate District, issued its decision in Monterossa v. Superior Court (PNC Bank), Case No. C077683, 2015 WL 3653319 (Jun. 12, 2015). The court decided an issue of...more

Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -...more

Another Case of Housing Whiplash in Nevada: New Homeowner Bill of Rights and Revisions to the Foreclosure Mediation Program

Nevada’s Homeowner Bill of Rights is expected to throw another sharp curve into the state’s troubled housing market. The new law, which took effect last week, places more restrictions on the exercise of the power of sale....more

California’s “Homeowner Bill of Rights”—Be Aware of Your Obligations

The California Homeowner Bill of Rights became law on January 1, 2013. It was created “to ensure fair lending and borrowing practices for California homeowners,” and is the byproduct of a “Mortgage Fraud Strike Force” created...more

The Impact of Dual Tracking Restrictions on Foreclosure Rates in California

Foreclosure rates are declining in California. Many tout an improving economy as a reason for this trend. The impact of new legislation that restricts lenders and mortgage servicers from foreclosing on residential mortgages...more

New York Assembly Presents Insurance Reform Overhaul in Wake of Superstorm Sandy

We previously reported on the New Jersey Legislature’s attempts to enact a bill that would allow policyholders to sue an insurer for bad faith in the wake of Superstorm Sandy. New Jersey Assembly Bill A3710 is still...more

Ringing in the New Year in 2013: California’s Homeowner’s Bill of Rights Law Takes Effect

Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt into law the residential mortgage foreclosure reform principles...more

California Homeowner Bill of Rights: A New Mortgage Law For The New Year

The California Homeowner Bill of Rights (“HBR”) goes into effect on January 1, 2013. The HBR revamps California’s non-judicial foreclosure statutes granting borrowers additional rights. It was designed to correct perceived...more

CALIFORNIA HOMEOWNERS BILL OF RIGHTS: CALIFORNIA SENATE BILL No. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD

CALIFORNIA SENATE BILL No. 1474 CHAPTER 568 An act to amend Sections 781 and 923 of the Penal Code, relating to grand jury proceedings. Approved by Governor September 25, 2012. Filed Secretary of State September 25,...more

California Enacts “Homeowner’s Bill of Rights,” a Foreclosure Reform 2.0 Legislative Package (2012)

On July 11, 2012, California Governor Jerry Brown signed into law the “Homeowner’s Bill of Rights,” AB 278/SB 900, marking the first U.S. state to adopt into law the residential mortgage foreclosure reform principles outlined...more

CALIFORNIA HOMEOWNERS BILL OF RIGHTS: CALIFORNIA SENATE BILL No. 278

CALIFORNIA ASSEMBLY BILL No. 278 CHAPTER 86 An act to amend and add Sections 2923.5 and 2923.6 of, to amend and repeal Section 2924 of, to add Sections 2920.5, 2923.4, 2923.7, 2924.17, and 2924.20 to, to add and repeal...more

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