BONUS ITEM – Sample letter to lender loan servicer to produce the note under California Homeowner bill of rights.
CALIFORNIA HOMEOWNER BILL OF RIGHTS – BONUS SAMPLE LETTER UNDER CIVIL CODE SECTION 2923.55 TO VIEW!
Here we are, seven years after the start of the mortgage meltdown. At the beginning, people like Neil Garfield and Max Gardner were talking about pretender lenders and loan servicers who can ‘t legally prove they can enforce your mortgage in most cases (ex. some portfolio loans might be different). But now the new law in California, effective January 2013 (Called the California Homeowners Bill of Rights) is in effect and you have a right to demand that the loan servicer investigate and produce competent and reliable evidence of its right to foreclose. Such evidence should be in the form of a copy of the original endorsed note (form what is usually a defunct lender). The law is new and open to some interpretation, but if you are having problems with any of the following loss mitigation efforts:
- Getting loan mod approved because “investor wont approve” or the title company doesn’t have clean title
- Short sale won’t be approved for same reasons
- Deed in lieu won’t be approved for same reasons
- Trying to reinstate your loan after a bogus loan modification review
Maybe you need to think about mentioning my letter and blasting one to the lender, loan servicer, securitized loan trustee and foreclosure trustee. Let’s see what they are hiding up their sleeves. It just may change the way they see the world. The law allows for injunctions and attorney fees for material violations.
Here is a copy of the California homeowner bill of rights letter you can see on scribd.
WE CAN BE REACHED AT (877) 276-5084
ATTORNEY STEVE VONDRAN
Representing California Homeonwers