In response to the COVID-19 pandemic, the federal and state governments as well as many local governments have established regulations to temporarily suspend foreclosure and eviction activities. Perkins Coie has created an easy-to-use state-by-state guidance tracker for eviction and foreclosure orders related to COVID-19.
The California Homeowner Bill of Rights (“HOBR”), codified in Sections 2920.5 et seq. of the Civil Code, became effective January 1, 2013. The statutes impose certain pre-foreclosure loss mitigation duties on mortgage servicers as well as trustees and deed of trust beneficiaries. Certain provisions of the HOBR were repealed as of January 1, 2018. While the legislature enacted new statutes to replace repealed provisions, not all requirements survived the January 2018 enactments, and expired as of the sunset date. But not long after expiration, many repealed provisions were given new life again through SB818 passed by Senator Beall. These statutes—revived with their original terms or with amendments—went into effect on January 1, 2019. We explore some of the repealed, later-revived statutes and notable appellate court decisions over the past year.
Continue Reading The Homeowner Bill of Rights—A Year in Review