Out of the Courts: A practical approach to California's Homeowner Bill of Rights

In 2013, California enacted a major reform to the Civil Code in an effort to combat the statewide foreclosure crisis. Known as the Homeowner Bill of Rights (HBOR), there is some evidence to suggest that it lowered foreclosure rates and allowed many homeowners to obtain loan modifications and other forms of payment assistance from their lenders. Yet HBOR converted a foreclosure process that was designed to avoid the legal system into one regularly involving the legal system. State and federal courts are overwhelmed with loan modification and foreclosure-related litigation. In the cover article to the January 2017 Los Angeles Lawyer Magazine, AFRCT’s David Newman addresses this important legal issue and offers commonsense, practical, and fair revisions to HBOR that could improve and streamline the non-judicial foreclosure process while achieving HBOR’s goals of encouraging solutions other than foreclosure.