Tag Archives: foreclosure

Updated Practice Guide: “Litigating Under the Homeowner Bill of Rights”

California nonjudicial foreclosure law is changing rapidly. The HBOR Collaborative has updated our “Litigating Under the Homeowner Bill of Rights” practice guide to reflect this ongoing legal development. The updated version is current through mid-September and includes explanations and citations of the most recent federal and state cases.

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September Newsletter Covers Glaksi v. Bank of America, Recent Cases and Regulatory Updates

September 2013 Newsletter [PDF]   The Import & Impact of Glaski v. Bank of America A month has passed since the California Court of Appeal handed down their decision in Glaski v. Bank of America, N.A., 218 Cal. App. 4th 1079 (2013). In that month, the opinion has been published and Bank of America’s petition […]

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August 2013 Foreclosure Newsletter Covers Defending Post-foreclosure Evictions, Recent Cases

 August 2013 Newsletter [PDF] Defending Post-Foreclosure Evictions Unlawful detainer (UD) actions are typically associated with landlord-tenant law. Former borrowers, though, often defend eviction after foreclosure.[1] They face different timelines and challenges, but both tenants and former borrowers continue to struggle against unlawful detainer actions as lenders and investors buy up foreclosed properties and attempt to […]

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Landmark Foreclosure Victory Gives Homeowners New Hope

Learn how homeowner, Thomas Glaski, overcame an “insurmountable legal mountain” in California, “giving thousands of homeowners in foreclosure a legal basis to form a defense against wrongful foreclosure practices”.

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Another Unfair Foreclosure Blocked Using HBOR

The article covers the story of Elias Lopez, who took his case to court to fight the breach of his loan modification agreement with Wells Fargo and used the Homeowner Bill of Rights to stop dual-tracking on his home.

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July 2013 Foreclosure Newsletter Covers Litigation Under Homeowner Bill of Rights, Recent Cases

July 2013 Newsletter [PDF] Note: this article has been updated since its publication in this newsletter. Go here to access the latest version of the article. Litigating Under the California Homeowner Bill of Rights In July 2012, California Governor Jerry Brown signed the Homeowner Bill of Rights (HBOR).[1] This landmark legislation was created to combat the foreclosure crisis […]

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HBOR Collaborative Submits Amicus Curiae Brief

The Homeowner Bill of Rights Collaborative have jointly submitted an amicus curiae brief in support of the petitioner in Erlach v. Sierra Asset Servicing LLC, in an appeal brought before the 6th Appellate District Court of California. The Collaborative has submitted the brief to ensure that the tenant’s rights are protected under the Protecting Tenants at […]

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HBOR “Representing Tenants” Training Materials Posted

If you missed the “Representing Tenants in Post-Foreclosure Unlawful Detainers” Webinar yesterday, you can access the materials here.

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Deutsche Bank Settles with City of Los Angeles Over “Slumlord” Claims

Deutsche Bank AG (DBK) reached a settlement with the city of Los Angeles to resolve a lawsuit claiming the bank acted like a “slumlord” and let foreclosed homes in low-income neighborhoods fall into disrepair. Read full article.

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Homeowners Use HBOR to Enforce New Rights in Courts

Since the passing of the California Homeowner Bill of Rights (HBOR) in January 2013, homeowners have continued to use HBOR to stop foreclosures. Courts are vigorously enforcing the new rights enumerated in HBOR by putting foreclosure sales on hold. In addition to the Singh case we discussed earlier this month, the following are three other cases in which homeowners have pursued court action, […]

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