The California Legislature enacted the Homeowner Bill of Rights (“HBOR”) in 2012 to provide protection for homeowners facing non-judicial foreclosure
and to modify certain aspects of the foreclosure process. Many (but not all) HBOR statutes were scheduled to sunset on January 1, 2018. Of the statutes that were scheduled to sunset, many (but not all) were replaced by parallel statutes that became operative the same day. The changes add some new homeowner protections, but remove others, and modify still other protections in ambiguous ways. This article explores how a mortgage servicer’s obligations toward its defaulted borrowers changed effective January 1, 2018, and how courts and litigators are responding.

Continue Reading: 2018 Changes to Homeowner Bill of Rights