What is Dual Tracking? The California Legislature wants to prevent servicers from dual tracking, the practice of evaluating a borrower for a modification while simultaneously proceeding with a foreclosure. If the borrower has submitted a complete loan modification application, HBOR prohibits the servicer from “recording” an NOD or NTS, or “conducting” a foreclosure sale. Courts disagree on the meaning of this statutory language. Regardless of whether postponing a sale is cons

HBOR continued the existing requirement that a servicer may not record a Notice of Default (NOD) until 30 days after contacting, or diligently attempting to contact, the borrower to discuss alternatives to foreclosure. The statutes provide specific instructions on the nature and content of the communication. With each version of the law, some courts accept bare assertions that a borrower was never contacted pre-NOD as sufficient to pass the pleading stage, while others requir

The Home Owner Bill of Rights is not simple but here at Lynx Law Firm we can assist in clearly explaining the procedural requirements in order to bring a valid Home Owner Bill of Rights claim so that you may make an informed decision. In July 2012, California Governor Jerry Brown signed the Homeowner Bill of Rights (HBOR). This landmark legislation was created to combat the foreclosure crisis and hold banks accountable for exacerbating it. The California Legislature passed HB