Wells Fargo is refusing to postpone my sale date, although they are in possession of a full package for loan modification review XX/XX/XXXX, with new income and {$1000.00}, increased from the last review in XX/XX/XXXX. This is a direct violation to the California Bill of rights.
The California Homeowner Bill of Rights became law on XX/XX/XXXX to ensure fair lending and borrowing practices for California homeowners. The laws are designed to guarantee basic fairness and transparency for homeowners in the foreclosure process. Key provisions include : Restriction on dual track foreclosure : Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. Guaranteed single point of contact : Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification. Verification of documents : Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to {$7500.00} per loan in an action brought by a civil prosecutor. Lenders who are in violation are also subject to enforcement by licensing agencies, including the Department of Business Oversight, the Bureau of Real Estate. Enforceability : Borrowers will have authority to seek redress of material violations of the new foreclosure process protections. Injunctive relief will be available prior to a foreclosure sale and recovery of damages will be available following a sale. ( AB 278, SB 900 ) Tenant rights : Purchasers of foreclosed homes are required to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease entered into before transfer of title at the foreclosure sale, the owner must honor the lease unless the owner can prove that exceptions intended to prevent fraudulent leases apply. ( AB 2610 ) Tools to prosecute mortgage fraud : The statute of limitations to prosecute mortgage-related crimes is extended from one to three years, allowing the Attorney Generals office to investigate and prosecute  complex mortgage fraud crimes. In addition, the Attorney Generals office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties. ( AB 1950, SB 1474 ) Tools to curb blight : Local governments and receivers have additional tools to fight blight caused by multiple vacant homes in their neighborhoods, from more time to allow homeowners to remedy code violations to a means to compel the owners of foreclosed property to pay for upkeep. ( AB 2314 ) The California Homeowner Bill of Rights marked the third step in Attorney General XXXX response to the states foreclosure and mortgage crisis. The Mortgage Fraud Strike Force was created in XX/XX/XXXX to investigate and prosecute misconduct at all stages of the mortgage process. In XX/XX/XXXX, Attorney General XXXX secured a commitment from the nations five largest banks for up to {$18.00} billion for California borrowers.