(a)When a borrower submits a complete first lien modification application or any document in connection with a first lien modification application, the mortgage servicer shall provide written acknowledgment of the receipt of the documentation within five business days of receipt. In its initial acknowledgment of receipt of the loan modification application, the mortgage servicer shall include the following information:
(1)A description of the loan modification process, including an estimate of when a decision on the loan modification will be made after a complete application has been submitted by the borrower and the length of time the borrower will have to consider an offer of a loan modification or other foreclosure prevention alternative.
(2)Any deadlines, including deadlines to submit missing documentation, that would affect the processing of a first lien loan modification application.
(3)Any expiration dates for submitted documents.
(4)Any deficiency in the borrower’s first lien loan modification application.
(b)For purposes of this section, a borrower’s first lien loan modification application shall be deemed to be “complete” when a borrower
has supplied the mortgage servicer with all documents required by the mortgage servicer within the reasonable timeframes specified by the mortgage servicer.
(c)This section shall not apply to entities described in subdivision (b) of Section 2924.18.
(d)This section shall apply only to mortgages or deeds of trust described in Section 2924.15.
Notes of Decisions
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
· cites it 3× “Notice of Receipt California Civil Code § 2924.10 provides, in relevant part: (a) 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…”
Penermon v. Wells Fargo Bank, N.A., 47 F. Supp. 3d 982 (N.D. Cal. 2014).
· cites it 4× “7; (5) Violation of Cal. Civ.Code § 2924.10; (6) Negligence; and (7) Unfair Business Practices — Violation of Business and Professions Code § 17200 et seq.”
Shupe v. Nationstar Mortg. LLC, 231 F. Supp. 3d 597 (E.D. Cal. 2017).
· cites it 3× “Violation of California Civil Code § 2924.10 Also part of HBOR, California Civil Code § 2924.”
Cornejo v. Ocwen Loan Servicing, LLC, 151 F. Supp. 3d 1102 (E.D. Cal. 2015).
· cites it 3× “6 (c) against all Defendants, (3) failure to acknowledge the loan modification application in violation of Cal. Civ. Code § 2924.10 against all Defendants, (4) failure to acknowledge their application in violation of Cal.”
Clinton v. Select Portfolio Servicing, Inc., 225 F. Supp. 3d 1168 (E.D. Cal. 2016).
· cites it 5× “’s (“Clinton”) first cause of action for negligence, second cause of action for violation of California Civil Code section 2923.6(c), and fourth cause of action for violation of California Civil Code section 2924.”
Alvarez v. Bag Home Loans Servicing, L.P., 228 Cal. App. 4th 941 (Cal. Ct. App. 2014).
“” (Civ. Code, § 2924.10, subd. (a).) To enforce the new requirements, the HBOR creates a private right of action allowing a borrower to seek injunctive relief to enjoin a material violation of the act prior to foreclosure and to assert a claim for damages for a violation of the…”
Estrada v. Caliber Home Loans, Inc., 172 F. Supp. 3d 1108 (C.D. Cal. 2016).
· cites it 3× “41 , and violation of Cal Civil Code §§ 2924.10. (FAC ¶ 119.) “[A] plaintiff must have suffered an ‘injury in fact’ and ‘lost money or prop *1117 erty as a result of the unfair competition’ to have standing to pursue either an individual or a representative claim under the…”
Scheuerman v. PHH Mortg. Corp. (S.D. Cal. 2020).
· cites it 8× “9 (failure to provide homeowner with foreclosure alternatives) against 11 Defendants PHH, BNA, and WP; (4) violation of California Civil Code § 2924.10 (failure 12 to provide homeowner with written notice of receipt of loan modification application) 13 against Defendant PHH; (5)…”
Arden Kirkpatrick v. Wells Fargo Bank, N.A., 699 F. App'x 751 (9th Cir. 2017).
“We do not consider the Kirkpatricks’ argument regarding whether there was a material violation of Cal. Civ. Code § 2924.10 due to the accrual of fees and penalties because these allegations are new on appeal and inconsistent with their complaint.”
Mountjoy v. Bank of Am., N.A. (E.D. Cal. 2020).
“22, 2018) (The California Legislature 25 repealed Cal. Civ. Code § 2924.10 in January 2018, but the statute still governs events that 26 occurred from January 1, 2013 through December 31, 2017”); Fought v.”
— Cal. Civil Code § 2924.10(a) — 3 cases
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
“Notice of Receipt California Civil Code § 2924.10 provides, in relevant part: (a) 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…”
Clinton v. Select Portfolio Servicing, Inc., 225 F. Supp. 3d 1168 (E.D. Cal. 2016).
“’s (“Clinton”) first cause of action for negligence, second cause of action for violation of California Civil Code section 2923.6(c), and fourth cause of action for violation of California Civil Code section 2924.”
Estrada v. Caliber Home Loans, Inc., 172 F. Supp. 3d 1108 (C.D. Cal. 2016).
“41 , and violation of Cal Civil Code §§ 2924.10. (FAC ¶ 119.) “[A] plaintiff must have suffered an ‘injury in fact’ and ‘lost money or prop *1117 erty as a result of the unfair competition’ to have standing to pursue either an individual or a representative claim under the…”
— Cal. Civil Code § 2924.10(a)(4) — 1 case
Estrada v. Caliber Home Loans, Inc., 172 F. Supp. 3d 1108 (C.D. Cal. 2016).
“41 , and violation of Cal Civil Code §§ 2924.10. (FAC ¶ 119.) “[A] plaintiff must have suffered an ‘injury in fact’ and ‘lost money or prop *1117 erty as a result of the unfair competition’ to have standing to pursue either an individual or a representative claim under the…”
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