The California Homeowner's Bill of Rights, termed HOBR requires that "licensees" will be responsible for maintaining evidence of compliance with all of the new requirements. "Such evidence includes, but not be limited to, phone conversation logs, copies of correspondence, notices, declarations and operations manuals that establish a mortgage servicer's policies and procedures. A licensee's books and records should establish that required correspondence and notices occur within the time periods set forth in the law."
HOBR -- CA Right to Sue for Treble and Statutory Damages!
New Violations / New Private Right of Action / New Damages:
If Trustee's Deed Upon Sale is Recorded, then a borrower may sue for "actual economic damages" caused by the violation - if not corrected or remedied before the trustee's deed was recorded. If the court finds the material violation was intentional, reckless, or resulted from willful misconduct, the court may award the borrower treble the actual damages or statutory damages of $50,000. A prevailing BORROWER may also be awarded reasonable attorney fees and costs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.