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What is a foreclosure bond? Who does it protect and how?

Los Angeles, CA |

What is a foreclosure bond? Who does it protect and how? How would a foreclosing party go after a foreclosure bond? How could the other party prevent this?

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Attorney answers 2


If you are referring to a foreclosure consultant surety bond, consult Civil Code sections 2945 et seq. The purpose of the bond is to protect the public from unlawful practices of licensed foreclosure consultants. In order to recover on the bond, consult Code of Civil Procedure section 995.850. Generally, you would need to file suit and receive an award against the foreclosure consultant for violations of the law to recover on the bond.

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Is your property in litigation and have you obtained a restraining order preventing the sale? In those cases, the Court can order a bond to make sure the lender receives some compensation for the delay in exercising their rights and to protect the property. If this does not apply, I believe my colleague addressed the other instances.

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