The year 2013 was an absolutely crucial one for all present and future California homeowners. That was the year that a landmark piece of legislation, the California Homeowner Bill of Rights (CHBOR), was enacted into law. This bill curbed what many saw as overly aggressive excesses by lending institutions who were all too eager to foreclose on families who fell behind on their mortgage.
Perhaps the most egregious transgression being routinely carried out by the banks was the practice of “dual tracking.” With dual tracking, lending institutions would outwardly appear to be considering you for a loan modification, all the while internally prepping to foreclose on you regardless. This essentially was an un-winnable situation for homeowners, who could not compete with this double-strategy of sorts being carried out by the bank. The California Homeowner Bill of Rights squashed lenders’ ability to dual track, but one foreclosure loophole did remain.
As the law has stood, for married couples where the mortgage borrowing partner dies first, the financial and housing outcome for the surviving spouse is often bleak. These “widow foreclosures,” as they have come to be known, bring unbearable stress and hardship to people who are already grappling with a devastating loss. Now, a new bill has just passed the California Senate that aims to close this loophole and prevent the elderly and the recently widowed from being treated as just another cell on a spreadsheet by their banking institution.
The passage of this bill stands as a victory for consumer rights, homeowners, communities, and common-sense regulation in an industry that has sorely needed it over the last two decades. The “Homeowner Survivor Bill of Rights,” as it has come to be known, gives attorneys solid legal footing to represent this particular niche of homeowners who have slipped through the cracks for far too long.
About JT Legal Group: For years, JT Legal Group has been one of California’s most prominent and accomplished foreclosure defense law firms. The Los Angeles-based attorneys at JT Legal Group are some of the state’s most experienced at litigating based on the California Homeowner Bill of Rights. Managing Attorney Armine Singh, Esq. has overseen hundreds of successfully stopped foreclosure actions and won wrongful foreclosure damages for homeowners across California.