(a)When a borrower requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.
(b)The single point of contact shall be responsible for doing all of the following:
(1)Communicating the process by which a borrower may apply for an available foreclosure prevention alternative and the deadline for any required submissions to be considered for these options.
(2)Coordinating receipt of all documents associated with available foreclosure prevention alternatives and notifying the
borrower of any missing documents necessary to complete the application.
(3)Having access to current information and personnel sufficient to timely, accurately, and adequately inform the borrower of the current status of the foreclosure prevention alternative.
(4)Ensuring that a borrower is considered for all foreclosure prevention alternatives offered by, or through, the mortgage servicer, if any.
(5)Having access to individuals with the ability and authority to stop foreclosure proceedings when necessary.
(c)The single point of contact shall remain assigned to the borrower’s account until the mortgage servicer determines that all loss mitigation options offered by, or through, the mortgage servicer have been exhausted or the borrower’s account
becomes current.
(d)The mortgage servicer shall ensure that a single point of contact refers and transfers a borrower to an appropriate supervisor upon request of the borrower, if the single point of contact has a supervisor.
(e)For purposes of this section, “single point of contact” means an individual or team of personnel each of whom has the ability and authority to perform the responsibilities described in subdivisions (b) to (d), inclusive. The mortgage servicer shall ensure that each member of the team is knowledgeable about the borrower’s situation and current status in the alternatives to foreclosure process.
(f)This section shall apply only to mortgages or deeds of trust described in Section 2924.15.
(g)(1)This
section shall not apply to either of the following:
(A)A depository institution chartered under state or federal law, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, that, during its immediately preceding annual reporting period, as established with its primary regulator, foreclosed on 175 or fewer residential real properties, containing no more than four dwelling units, that are located in California.
(B)A person or entity that services seven or fewer loans encumbering residential real property located in California in a calendar year.
(2)Within three months after the close of any calendar year or
annual reporting period as established with its primary regulator during which an entity or person described in subparagraph (A) of paragraph (1) exceeds the threshold of 175 specified in subparagraph (A) of paragraph (1), that entity shall notify its primary regulator, in a manner acceptable to its primary regulator, and any mortgagor or trustor who is delinquent on a residential mortgage loan serviced by that entity of the date on which that entity will be subject to this section, which date shall be the first day of the first month that is six months after the close of the calendar year or annual reporting period during which that entity exceeded the threshold.
Notes of Decisions
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
· cites it 4× “28 To that end, California Civil Code § 2923.7 provides, in relevant part: (a) Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct…”
Green v. Cent. Mortg. Co., 148 F. Supp. 3d 852 (N.D. Cal. 2015).
· cites it 6× “6 ; (3) violation of HBOR, Cal. Civ. Code § 2923.7 ; (4) violation of HBOR, Cal.”
Nasseri v. Wells Fargo Bank, N.A., 147 F. Supp. 3d 937 (N.D. Cal. 2015).
· cites it 5× “In September 2015, plaintiff filed a complaint alleging: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the implied covenant of good faith and fair dealing; (4) violation of California Civil Code Section 2923.7; (5)…”
Shupe v. Nationstar Mortg. LLC, 231 F. Supp. 3d 597 (E.D. Cal. 2017).
· cites it 2× “Violation of California Civil Code § 2923.7 Also part of HBOR, California Civil Code § 2923.”
Alvarez v. Bag Home Loans Servicing, L.P., 228 Cal. App. 4th 941 (Cal. Ct. App. 2014).
“” (Civ. Code, § 2923.7, subd. (b).) The HBOR requires further that “When a borrower submits a complete first lien modification application or any document in connection with a first lien loan modification application, the mortgage servicer shall provide written acknowledgement…”
Johnson v. PNC Mortg., 80 F. Supp. 3d 980 (N.D. Cal. 2015).
· cites it 3× “) The Johnsons there advance three claims: 1) negligence; 2) unfair business practices under California Civil Code §§ 2923.7 and 17200; and 4) statutory cancellation of instruments under California Civil Code § 3214.”
Tuan Anh Le v. Bank of New York Mellon, 152 F. Supp. 3d 1200 (N.D. Cal. 2015).
· cites it 8× “Violation of California Civil Code § 2923.7 Plaintiffs fourth cause of action is for violation of California Civil Code § 2923.”
Rees v. PNC Bank, N.A., 308 F.R.D. 266 (N.D. Cal. 2015).
“The Complaint alleged three causes of action, for violation of: (1) California Civil Code § 2923.6; (2) California Civil Code § 2924.”
Deschaine v. Indymac Mortg. Servs., 617 F. App'x 690 (9th Cir. 2015).
· cites it 2× “The district court did not err in dismissing Deschaine’s California Civil Code section 2923.7 violation claim.”
Willis v. JPMorgan Chase Bank, N.A., 250 F. Supp. 3d 628 (E.D. Cal. 2017).
· cites it 2× “Plaintiffs opposition also discusses defendant’s alleged violation of California Civil Code § 2923.7 for failure to properly provide a single point of contact.”
Ronald Flate v. Nationstar Mortg. LLC, 692 F. App'x 916 (9th Cir. 2017).
“Plaintiffs sought damages under California Civil Code section 2923.7 based on Defendant’s failure to provide a single point of contact.”
— Cal. Civil Code § 2923.7(a) — 3 cases
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
“28 To that end, California Civil Code § 2923.7 provides, in relevant part: (a) Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct…”
Johnson v. PNC Mortg., 80 F. Supp. 3d 980 (N.D. Cal. 2015).
“) The Johnsons there advance three claims: 1) negligence; 2) unfair business practices under California Civil Code §§ 2923.7 and 17200; and 4) statutory cancellation of instruments under California Civil Code § 3214.”
— Cal. Civil Code § 2923.7(b) — 2 cases
Johnson v. PNC Mortg., 80 F. Supp. 3d 980 (N.D. Cal. 2015).
“) The Johnsons there advance three claims: 1) negligence; 2) unfair business practices under California Civil Code §§ 2923.7 and 17200; and 4) statutory cancellation of instruments under California Civil Code § 3214.”
— Cal. Civil Code § 2923.7(g)(1) — 1 case
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
“28 To that end, California Civil Code § 2923.7 provides, in relevant part: (a) Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct…”
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