Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 14. LIEN / CHAPTER 2. Mortgage / ARTICLE 1. Mortgages in General
California Codes

Cal. Civil Code § 2923.4 (2026)

Mortgages in General

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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The purpose of the act that added this section is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and have a meaningful opportunity to obtain, available loss mitigation options, if any, offered by or through the borrower’s mortgage servicer, such as loan modifications or other alternatives to foreclosure. Nothing in the act that added this section, however, shall be interpreted to require a particular result of that process.

Notes of Decisions
Cited in 29 cases (15 in the last 5 years), 2013–2025 · leading case: Patera v. Citibank, N.A., 79 F. Supp. 3d 1074 (N.D. Cal. 2015).
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Patera v. Citibank, N.A., 79 F. Supp. 3d 1074 (N.D. Cal. 2015). · cites it 2× “2013); see Cal. Civ.Code § 2923.4 (noting that the purpose of the act is to ensure that borrowers are “considered for, and have a meaningful opportunity to obtain, available loss mitigation options” in order to avoid foreclosure).”
Penermon v. Wells Fargo Bank, N.A., 47 F. Supp. 3d 982 (N.D. Cal. 2014). “Cal. Civ.Code § 2923.4(a). Lastly, as long as the National Mortgage Settlement is effective, a signatory who complies with the.”
Johnson v. PNC Mortg., 80 F. Supp. 3d 980 (N.D. Cal. 2015). “” See Cal. Civ.Code § 2923.4(a). That same § 2923.”
Mace v. Ocwen Loan Servicing, LLC, 252 F. Supp. 3d 941 (N.D. Cal. 2017). “See Cal. Civ. Code § 2923.4 (a) (providing that borrowers have a right to be considered for loss mitigation options, but not for any “particular result of that process”).”
Robert Travis v. Nationstar Mortg., LLC, No. 16-55388 (9th Cir. May 7, 2018). · cites it 2× “Robert Travis and Kerri Wilkerson (“Homeowners”) appeal two district court orders dismissing with prejudice their claims under the California Homeowner Bill of Rights (“HBOR”), Cal. Civ. Code § 2923.4 , et seq., brought against their former mortgage servicer, Nationstar Mortgage…”
Sheen v. Wells Fargo Bank, 505 P.3d 625 (Cal. 2022). · cites it 2× “(Civ. Code, § 2923.4 et seq.) As Wells Fargo points out, “where they apply,” HBOR and complementary federal legislation specify various affirmative actions a servicer is obligated to take when receiving modification applications.”
Gieser v. Freedom Mortg. Corp., No. 3:23-cv-06192 (N.D. Cal. Feb. 22, 2024). · cites it 2× “5, a 19 provision of California’s Homeowner Bill of Rights, California Civil Code § 2923.4, et seq., 20 which ensures “as part of the nonjudicial foreclosure process, borrowers are considered for, and 21 have a meaningful opportunity to obtain, available loss mitigation options,…”
Foyer v. Wells Fargo, NA., No. 3:20-cv-00591 (S.D. Cal. July 10, 2020). · cites it 2× “” Cal. Civ. Code § 2923.4 . 23 Nonetheless, even if materiality were required at the pleading stage, Plaintiffs’ 24 allegations readily show that Defendant’s conduct “affected .”
Rupnow v. Bank of Am., No. B255232 (Cal. Ct. App. Jan. 14, 2016). “The Complaint Fails to State a Claim for Relief under the Homeowner’s Bill of Rights In her first, second, and third causes of action, Plaintiff asserts Defendants violated the California Homeowner’s Bill of Rights, Civil Code section 2923.4 et seq.3 by (1) failing to provide a…”
Tonini v. Recontrust Co., No. D066600 (Cal. Ct. App. July 14, 2016). “14 (Lueras); Civ. Code, § 2923.4 et seq.; all further statutory references are to the Civil Code unless noted.”
Salinas v. Bank of New York Mellon, No. E060651 (Cal. Ct. App. Sept. 19, 2016). “(Civ. Code, § 2923.4.) The challenged assignment of plaintiff’s loan took place on March 27, 2012.”
Rucker v. Bank of Am., No. B266355 (Cal. Ct. App. Sept. 29, 2016). “” (Civ. Code, § 2923.4, subd. (a); Valbuena v.”
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Cal. Civil Code § 2923.4(a): 3 cases
Penermon v. Wells Fargo Bank, N.A., 47 F. Supp. 3d 982 (N.D. Cal. 2014). “Cal. Civ.Code § 2923.4(a). Lastly, as long as the National Mortgage Settlement is effective, a signatory who complies with the.”
Patera v. Citibank, N.A., 79 F. Supp. 3d 1074 (N.D. Cal. 2015). “2013); see Cal. Civ.Code § 2923.4 (noting that the purpose of the act is to ensure that borrowers are “considered for, and have a meaningful opportunity to obtain, available loss mitigation options” in order to avoid foreclosure).”
Johnson v. PNC Mortg., 80 F. Supp. 3d 980 (N.D. Cal. 2015). “” See Cal. Civ.Code § 2923.4(a). That same § 2923.”
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