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First let's get the law out on the table.  I will bold the portions to be discussed in this article.  I have also put some random comments in here so read through it.  My comments are italicized.  The following is general legal information only, and not legal advice.  Consult with an attorney if you have specific questions.

WE HAVE DRAFTED A FORECLOSURE CONSULTANT CONTRACT IF YOU NEED A COPY FOR PURCHASE LET US KNOW.

CALIFORNIA CIVIL CODE SECTION 2945-2945.11

 2945.  (a) The Legislature finds and declares that homeowners whose
residences are in foreclosure are subject to fraud, deception,
harassment, and unfair dealing by foreclosure consultants from the
time a Notice of Default is recorded pursuant to Section 2924 until
the time surplus funds from any foreclosure sale are distributed to
the homeowner or his or her successor.  Foreclosure consultants
represent that they can assist homeowners who have defaulted on
obligations secured by their residences.  These foreclosure
consultants, however, often charge high fees, the payment of which is
often secured by a deed of trust on the residence to be saved, and
perform no service or essentially a worthless service.  Homeowners,
relying on the foreclosure consultants' promises of help, take no
other action, are diverted from lawful businesses which could render
beneficial services, and often lose their homes, sometimes to the
foreclosure consultants who purchase homes at a fraction of their
value before the sale.  Vulnerable homeowners are increasingly
relying on the services of foreclosure consultants who advise the
homeowner that the foreclosure consultant can obtain the remaining
funds from the foreclosure sale if the homeowner executes an
assignment of the surplus, a deed, or a power of attorney in favor of
the foreclosure consultant.  This results in the homeowner paying an
exorbitant fee for a service when the homeowner could have obtained
the remaining funds from the trustee's sale from the trustee directly
for minimal cost if the homeowner had consulted legal counsel or had
sufficient time to receive notices from the trustee pursuant to
Section 2924j regarding how and where to make a claim for excess
proceeds.
   (b) The Legislature further finds and declares that foreclosure
consultants have a significant impact on the economy of this state
and on the welfare of its citizens.
   (c) The intent and purposes of this article are the following:
   (1) To require that foreclosure consultant service agreements be
expressed in writing; to safeguard the public against deceit and
financial hardship; to permit rescission of foreclosure consultation
contracts; to prohibit representations that tend to mislead; and to
encourage fair dealing in the rendition of foreclosure services.
   (2) The provisions of this article shall be liberally construed to
effectuate this intent and to achieve these purposes.



2945.1.  The following definitions apply to this chapter:
   (a) "Foreclosure consultant" means any person who makes any
solicitation, representation, or offer to any owner to perform for
compensation or who, for compensation, performs any service which the
person in any manner represents will in any manner do any of the
following
:
   (1) Stop or postpone the foreclosure sale.
   (2) Obtain any forbearance from any beneficiary or mortgagee.
   (3) Assist the owner to exercise the right of reinstatement
provided in Section 2924c.
   (4) Obtain any extension of the period within which the owner may
reinstate his or her obligation.
   (5) Obtain any waiver of an acceleration clause contained in any
promissory note or contract secured by a deed of trust or mortgage on
a residence in foreclosure or contained that deed of trust or
mortgage.
   (6) Assist the owner to obtain a loan or advance of funds.
   (7) Avoid or ameliorate the impairment of the owner's credit
resulting from the recording of a notice of default or the conduct of
a foreclosure sale.
   (8) Save the owner's residence from foreclosure.
   (9) Assist the owner in obtaining from the beneficiary, mortgagee,
trustee under a power of sale, or counsel for the beneficiary,
mortgagee, or trustee, the remaining proceeds from the foreclosure
sale of the owner's residence.

In essence, this means alot of people working in the area of loan modifications are covered under this law

 


   (b) A foreclosure consultant does not include any of the
following:

   (1) A person licensed to practice law in this state when the
person renders service in the course of his or her practice as an
attorney at law.

That means this foreclosure consultant law does not apply to California Lawyers (good for me).


   (2) A person licensed under Division 3 (commencing with Section
12000) of the Financial Code when the person is acting as a prorater
as defined therein.

 That means this foreclosure law does not apply to proraters


   (3) A person licensed under Part 1 (commencing with Section 10000)
of Division 4 of the Business and Professions Code when the person
makes a direct loan or when the person (A) engages in acts whose
performance requires licensure under that part, (B) is entitled to
compensation for the acts performed in connection with the sale of a
residence in foreclosure or with the arranging of a loan secured by a
lien on a residence in foreclosure, (C) does not claim, demand,
charge, collect, or receive any compensation until the acts have been
performed or cannot be performed because of an owner's failure to
make the disclosures set forth in Section 10243 of the Business and
Professions Code or failure to accept an offer from a purchaser or
lender ready, willing, and able to purchase a residence in
foreclosure or make a loan secured by a lien on a residence in
foreclosure on the terms prescribed in a listing or a loan agreement,
and (D) does not acquire any interest in a residence in foreclosure
directly from an owner for whom the person agreed to perform the acts
other than as a trustee or beneficiary under a deed of trust given
to secure the payment of a loan or that compensation.  For the
purposes of this paragraph, a "direct loan" means a loan of a real
estate broker's own funds secured by a deed of trust on the residence
in foreclosure, which loan and deed of trust the broker in good
faith attempts to assign to a lender, for an amount at least
sufficient to cure all of the defaults on obligations which are then
subject to a recorded notice of default, provided that, if a
foreclosure sale is conducted with respect to the deed of trust, the
person conducting the foreclosure sale has no interest in the
residence in foreclosure or in the outcome of the sale and is not
owned, controlled, or managed by the lending broker; the lending
broker does not acquire any interest in the residence in foreclosure
directly from the owner other than as a beneficiary under the deed of
trust; and the loan is not made for the purpose or effect of
avoiding or evading the provisions of this article.

 

This basically refers to brokers and brokers who make direct loans of their own funds, or brokers who sell property in foreclosure or mortgage brokers who refinance someone in foreclosure.  Again, this law would not apply in these circumstances.

 


   (4) A person licensed under Chapter 1 (commencing with Section
5000) of Division 3 of the Business and Professions Code when the
person is acting in any capacity for which the person is licensed
under those provisions.

 

That means this foreclosure law does not apply to accoutants as shown below:

DIVISION 3.  PROFESSIONS AND VOCATIONS GENERALLY
    CHAPTER 1.  ACCOUNTANTS
     Article 1.  Administration ...................................
5000-5025.3

good for accountants


   (5) A person or his or her authorized agent acting under the
express authority or written approval of the Department of Housing
and Urban Development or other department or agency of the United
States or this state to provide services.

HUD agents are exempt


   (6) A person who holds or is owed an obligation secured by a lien
on any residence in foreclosure when the person performs services in
connection with this obligation or lien.

I think this means loan servicers are exempt


   (7) Any person licensed to make loans pursuant to Division 9
(commencing with Section 22000), 10 (commencing with Section 24000),
or 11 (commencing with Section 26000) of the Financial Code
, subject
to the authority of the Commissioner of Corporations to terminate
this exclusion
, after notice and hearing, for any person licensed
pursuant to any of those divisions upon a finding that the licensee
is found to have engaged in practices described in subdivision (a) of
Section 2945.

As shown below, this section basically means California Finance Lenders are exempt from the California Foreclosure Consulant Law unless the Commissioner of Corporations rules differently:

  • DIVISION 9. CALIFORNIA FINANCE LENDERS LAW
  • CHAPTER 1. GENERAL PROVISIONS
  • Article 1. Definitions ...................................... 22000-22011
  • Article 2. Exemptions ....................................... 22050-22064
  • Article 3. Licensing ........................................ 22100-22112
  • Article 4. Regulations ...................................... 22150-22167
  •  This provision would seem to suggest that it may be wise to obtain a CFL license so that you can collect an advance fee while a homeowner is in foreclosure.  Give us a call to discuss filing a CFL license for you.


       (8) Any person or entity doing business under any law of this
    state, or of the United States relating to banks, trust companies,
    savings and loan associations, industrial loan companies, pension
    trusts, credit unions, insurance companies, or any person or entity
    authorized under the laws of this state to conduct a title or escrow
    business, or a mortgagee which is a United States Department of
    Housing and Urban Development approved mortgagee and any subsidiary
    or affiliate of the above, and any agent or employee of the above
    while engaged in the business of these persons or entities.


       (9) A person licensed as a residential mortgage lender or servicer
    pursuant to Division 20 (commencing with Section 50000)
    of the
    Financial Code, when acting under the authority of that license.

    This means California Mortgage Lenders are exempt from the California Foreclosure Consultant Law Section 2945

  • DIVISION 20. CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT
  • CHAPTER 1. GENERAL ........................................... 50000-50006
  •  


       (c) Notwithstanding subdivision (b), any person who provides
    services pursuant to paragraph (9) of subdivision (a) is a
    foreclosure consultant unless he or she is the owner's attorney.

    basically means all others are foreclosure consultants unless they are an attorney


       (d) "Person" means any individual, partnership, corporation,
    limited liability company, association or other group, however
    organized.

    This means you cannot hide behind a company to get around the California Foreclosure Consultant Law Section 2945


       (e) "Service" means and includes, but is not limited to, any of
    the following:


       (1) Debt, budget, or financial counseling of any type.
       (2) Receiving money for the purpose of distributing it to
    creditors in payment or partial payment of any obligation secured by
    a lien on a residence in foreclosure.
       (3) Contacting creditors on behalf of an owner of a residence in
    foreclosure.
       (4) Arranging or attempting to arrange for an extension of the
    period within which the owner of a residence in foreclosure may cure
    his or her default and reinstate his or her obligation pursuant to
    Section 2924c.
       (5) Arranging or attempting to arrange for any delay or
    postponement of the time of sale of the residence in foreclosure
    .
       (6) Advising the filing of any document or assisting in any manner
    in the preparation of any document for filing with any bankruptcy
    court.
       (7) Giving any advice, explanation or instruction to an owner of a
    residence in foreclosure which in any manner relates to the cure of
    a default in or the reinstatement of an obligation secured by a lien
    on the residence in foreclosure
    , the full satisfaction of that
    obligation, or the postponement or avoidance of a sale of a residence
    in foreclosure pursuant to a power of sale contained in any deed of
    trust.
       (8) Arranging or attempting to arrange for the payment by the
    beneficiary, mortgagee, trustee under a power of sale, or counsel for
    the beneficiary, mortgagee, or trustee, of the remaining proceeds to
    which the owner is entitled from a foreclosure sale of the owner's
    residence in foreclosure.  Arranging or attempting to arrange for the
    payment shall include any arrangement where the owner transfers or
    assigns the right to the remaining proceeds of a foreclosure sale to
    the foreclosure consultant or any person designated by the
    foreclosure consultant, whether that transfer is effected by
    agreement, assignment, deed, power of attorney, or assignment of
    claim.

    Basically means that almost anything you do for a person in foreclosure is covered by this act


       (f) "Residence in foreclosure" means a residence in foreclosure as
    defined in Section 1695.1.

     

    Let me save you the work in looking this section up:

    1695.1 (b) "Residence in foreclosure" and "residential real property in
    foreclosure" means residential real property consisting of one- to
    four-family dwelling units, one of which the owner occupies as his or
    her principal place of residence, and against which there is an
    outstanding notice of default, recorded
    pursuant to Article 1
    (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of
    Division 3.

      
       (g) "Owner" means a property owner as defined in Section 1695.1.

    Again, let me do the honors:  1695.1 (f) "Property owner" means the record title owner of the
    residential real property in foreclosure at the time the notice of
    default was recorded.

     
       (h) "Contract" means any agreement, or any term thereof, between a
    foreclosure consultant and an owner for the rendition of any service
    as defined in subdivision (e).

     

    This next section discusses the owners rights you must respect if the California Foreclosure Consultant Law Applies to you.

     

    2945.2.  (a) In addition to any other right under law to rescind a
    contract, an owner has the right to cancel such a contract until
    midnight of the third "business day"
    as defined in subdivision (e) of
    Section 1689.5 after the day on which the owner signs a contract
    which complies with Section 2945.3.
       (b) Cancellation occurs when the owner gives written notice of
    cancellation to the foreclosure consultant at the address specified
    in the contract.
       (c) Notice of cancellation, if given by mail, is effective when
    deposited in the mail properly addressed with postage prepaid.
       (d) Notice of cancellation given by the owner need not take the
    particular form as provided with the contract and, however expressed,
    is effective if it indicates the intention of the owner not to be
    bound by the contract.



    2945.3.  (a) Every contract shall be in writing and shall fully
    disclose the exact nature of the foreclosure consultant's services
    and the total amount and terms of compensation.

    For all intensive purposes this sounds just like the Advance Fee Agreement that the DRE requires DRE licensed brokers to have.

     

     

       (b) The following notice, printed in at least 14-point boldface
    type and completed with the name of the foreclosure consultant, shall
    be printed immediately above the statement required by subdivision
    (c):


           "NOTICE REQUIRED BY CALIFORNIA LAW
    _____________________________ or anyone working
                (Name)
    for him or her CANNOT:
       (1) Take any money from you or ask you for money
    until ________________________________________ has
                           (Name)
    completely finished doing everything he or she
    said he or she would do; and
       (2) Ask you to sign or have you sign any lien,
    deed of trust, or deed."

     

     

    DRE brokers cannot accept any advance fee from any homeowner who is in foreclosure (meaning a notice of default has been filed).  For those rare brokers who have an advance fee agreement in place you will probably recognize this language.

    The bottom line is that the law in California is clear, if a homeowner is in foreclosure there is no collecting of any fees up front.  If you are a home-owner who has paid a broker a fee while you were in foreclosure contact us, there is a very strong possibility that we will be able to get your money back.

       (c) The contract shall be written in the same language as
    principally used by the foreclosure consultant to describe his or her
    services or to negotiate the contract; shall be dated and signed by
    the owner; and shall contain in immediate proximity to the space
    reserved for the owner's signature a conspicuous statement in a size
    equal to at least 10-point boldface type, as follows: "You, the
    owner, may cancel this transaction at any time prior to midnight of
    the third business day after the date of this transaction. See the
    attached notice of cancellation form for an explanation of this
    right."
       (d) The contract shall contain on the first page, in a type size
    no smaller than that generally used in the body of the document, each
    of the following:
       (1) The name and address of the foreclosure consultant to which
    the notice or cancellation is to be mailed.
       (2) The date the owner signed the contract.
       (e) The contract shall be accompanied by a completed form in
    duplicate, captioned "notice of cancellation," which shall be
    attached to the contract, shall be easily detachable, and shall
    contain in type of at least 10-point the following statement written
    in the same language as used in the contract:


              "NOTICE OF CANCELLATION
    _____________________________________________
      (Enter date of transaction)      (Date)

       You may cancel this transaction, without any
    penalty or obligation, within three business days
    from the above date.
       To cancel this transaction, mail or deliver a
    signed and dated copy of this cancellation notice,
    or any other written notice, or send a telegram to
    __________________________________________________
            (Name of foreclosure consultant)
    at
    __________________________________________________
       (Address of foreclosure consultant's place of
                        business)
    NOT LATER THAN MIDNIGHT OF _______________________.
                                        (Date)
      I hereby cancel this transaction
    __________________________________________________.

                                       (Date)
    ________________________________________________"
       (Owner's signature)

       (f) The foreclosure consultant shall provide the owner with a copy
    of the contract and the attached notice of cancellation.
       (g) Until the foreclosure consultant has complied with this
    section, the owner may cancel the contract.
       (h) After the 65-day period following the foreclosure sale, the
    foreclosure consultant may enter into a contract to assist the owner
    in arranging, or arrange for the owner, the release of funds
    remaining after the foreclosure sale ("surplus funds") from the
    beneficiary, mortgagee, trustee under a power of sale, or counsel for
    the beneficiary, mortgagee, or trustee. However, prior to entering
    into that contract, the foreclosure consultant shall do all of the
    following:
       (1) Prepare and deliver to the owner a notice in 14-point boldface
    type and substantially in the form set forth below.
       (2) Obtain a receipt executed by each owner and acknowledged
    before a notary public, acknowledging a copy of the notice set forth
    below.


                   "NOTICE TO OWNER
    ____________________  ________________________
      (Date of Contract)    (Date signed by Owner)
    ____________________________
      (Date of Foreclosure Sale)

    You may be entitled to receive all or a portion
    of the surplus funds generated from the
    foreclosure sale of your real property located
    at: __________________________, California on
    _________________________without paying any fees
    or costs of any kind to a third party. You
    should check directly with the trustee or
    beneficiary who conducted the foreclosure sale
    of your property to determine the name, address,
    and telephone number of the party to whom you
    can direct inquiries regarding filing a claim
    for surplus funds without paying a fee to a
    third party. No person or entity may require you
    to enter into any agreement requiring the
    payment of a fee to that person or entity in
    order to receive the surplus funds from
    the foreclosure sale to which you may be
    entitled during the 65 days after the date of
    the trustee's sale."

    The following sections clearly set forth violations of the California Foreclosure Consulting Law Section 2945



    2945.4.  It shall be a violation for a foreclosure consultant to:


       (a) Claim, demand, charge, collect, or receive any compensation
    until after the foreclosure consultant has fully performed each and
    every service the foreclosure consultant contracted to perform or
    represented that he or she would perform.

    If you are a California Licensed Real Estate Broker and have accepted an advance fee from an owner in foreclosure who has received a notice of default you are in clear violation of the California Foreclosure Consulting Law Section 2945


       (b) Claim, demand, charge, collect, or receive any fee, interest,
    or any other compensation for any reason which exceeds 10 percent per
    annum
    of the amount of any loan which the foreclosure consultant may
    make
    to the owner.


       (c) Take any wage assignment, any lien of any type on real or
    personal property, or other security to secure the payment of
    compensation.  That security shall be void and unenforceable.


       (d) Receive any consideration from any third party in connection
    with services rendered to an owner unless that consideration is fully
    disclosed to the owner.


       (e) Acquire any interest in a residence in foreclosure from an
    owner with whom the foreclosure consultant has contracted.  Any
    interest acquired in violation of this subdivision shall be voidable,
    provided that nothing herein shall affect or defeat the title of a
    bona fide purchaser or encumbrancer for value and without notice of a
    violation of this article.  Knowledge that the property was
    "residential real property in foreclosure," does not constitute
    notice of a violation of this article.  This subdivision may not be
    deemed to abrogate any duty of inquiry which exists as to rights or
    interests of persons in possession of residential real property in
    foreclosure.


       (f) Take any power of attorney from an owner for any purpose,
    except to inspect documents as provided by law.


       (g) Induce or attempt to induce any owner to enter into a contract
    which does not comply in all respects with Sections 2945.2 and
    2945.3.


       (h) Enter into an agreement to assist the owner in arranging, or
    arrange for the owner, the release of surplus funds prior to 65 days
    after the trustee's sale is conducted, whether the agreement involves
    direct payment, assignment, deed, power of attorney, or assignment
    of claim from an owner to the foreclosure consultant or any person
    designated by the foreclosure consultant.



    2945.5.  Any waiver by an owner of the provisions of this article
    shall be deemed void and unenforceable as contrary to public policy.
    Any attempt by a foreclosure consultant to induce an owner to waive
    his rights shall be deemed a violation of this article.

    ok, so now what are the penalties where a DRE licensed broker accepts an advance fee from a owner in foreclosure who has received a notice of default in violation of the California Foreclosure Consulting Law Section 2945?



    2945.6.  (a) An owner may bring an action against a foreclosure
    consultant for any violation of this chapter.  Judgment shall be
    entered for actual damages, reasonable attorneys' fees and costs, and
    appropriate equitable relief. 
    The court also may, in its
    discretion, award exemplary damages and shall award exemplary damages
    equivalent to at least three times the compensation received by the
    foreclosure consultant in violation of subdivision (a), (b), or (d)
    of Section 2945.4, and three times the owner's actual damages for any
    violation of subdivision (c), (e), or (g) of Section 2945.4, in
    addition to any other award of actual or exemplary damages.

    Wow, the Court shall award exemplary (which means punitive damages) in certain circumstances.  According a violation of the California Foreclosure Consulting Law Section 2945 can be a costly mistake.


       (b) The rights and remedies provided in subdivision (a) are
    cumulative to, and not a limitation of, any other rights and remedies
    provided by law
    .  Any action brought pursuant to this section shall
    be commenced within four years from the date of the alleged
    violation.


    2945.7.  Any person who commits any violation described in Section
    2945.4 shall be punished by a fine of not more than ten thousand
    dollars ($10,000), by imprisonment in the county jail for not more
    than one year, or in the state prison, or by both that fine and
    imprisonment for each violation. 
    These penalties are cumulative to
    any other remedies or penalties provided by law.

    Wow, a 10k fine and possible imprisonment.  Amazing.  the California Foreclosure Consulting Law Section 2945 packs some serious penalties and has serious legal teeth.  And yet strangely most brokers seem to be unaware of this law and are taking advance fees from homeowners who have recieved a notice of default. 



    2945.8.  If any provision of this article or the application thereof
    to any person or circumstance is held to be unconstitutional, the
    remainder of the article and the application of such provision to
    other persons and circumstances shall not be affected thereby.




    2945.9.  (a) A foreclosure consultant is liable for all damages
    resulting from any statement made or act committed by the foreclosure
    consultant's representative in any manner connected with the
    foreclosure consultant's (1) performance, offer to perform, or
    contract to perform any of the services described in subdivision (a)
    of Section 2945.1, (2) receipt of any consideration or property from
    or on behalf of an owner, or (3) performance of any act prohibited by
    this article.

     

    Wow, a California Licensed Real Estate Broker is liable under this article for acts of his/her agents and representatives.  This could have SERIOUS ramifications if you are a California Licensed Real Estate Broker and have agents working in branch offices doing loan modifications. 


       (b) "Representative" for the purposes of this section means a
    person who in any manner solicits, induces, or causes (1) any owner
    to contract with a foreclosure consultant, (2) any owner to pay any
    consideration or transfer title to the residence in foreclosure to
    the foreclosure consultant, or (3) any member of the owner's family
    or household to induce or cause any owner to pay any consideration or
    transfer title to the residence in foreclosure to the foreclosure
    consultant.



    2945.10.  (a) Any provision in a contract which attempts or purports
    to limit the liability of the foreclosure consultant under Section
    2945.9 shall be void and shall at the option of the owner render the
    contract void.  The foreclosure consultant shall be liable to the
    owner for all damages proximately caused by that provision
    .  Any
    provision in a contract which attempts or purports to require
    arbitration of any dispute arising under this chapter shall be void
    at the option of the owner only upon grounds as exist for the
    revocation of any contract.
       (b) This section shall apply to any contract entered into on or
    after January 1, 1991.



    2945.11.  (a) Any representative, as defined in subdivision (b) of
    Section 2945.9, deemed to be the agent or employee or both the agent
    and the employee of the foreclosure consultant shall be required to
    provide both of the following:

       (1) Written proof to the owner that the representative has a valid
    current California Real Estate Sales License and that the
    representative is bonded by an admitted surety insurer in an amount
    equal to at least twice the fair market value of the real property
    that is the subject of the contract.

    Query? Did you know about this surety rquirement?

     

     

       (2) A statement in writing, under penalty of perjury, that the
    representative has a valid current California Real Estate Sales
    License, that the representative is bonded by an admitted surety
    insurer in an amount equal to at least twice the value of the real
    property that is the subject of the contract and has complied with
    paragraph (1).  The written statement required by this paragraph
    shall be provided to all parties to the contract prior to the
    transfer of any interest in the real property that is the subject of
    the contract.

     

     


       (b) The failure to comply with subdivision (a) shall, at the
    option of the owner, render the contract void and the foreclosure
    consultant shall be liable to the owner for all damages proximately
    caused by the failure to comply.

     Morals of the Story:

    (1) California Brokers You Need to Have a Well Drafted Advance Fee Agreement in Place if you want to accept an Advance Fee from homeowners for loan modification services.  I can drft these for you give me a call.  It will likely be the best money you have ever spent.

    (2) Even with an advance fee agreement in place, you need to make sure you do not accept any money up-front from an owner facing foreclosure as evidenced by a notice of default.  This means you better ask, check and verify.  You can check the County Recorder where your Client's property is as a back-up method.

    (3) If you have collected an advance fee legally (with a DRE approved advance fee agreement in place) and the owner receives a notice of default, you should not collect or withdraw any money from your Client's Trust Account.  Leave the money in there until your services are complete.

    (4) Penalties for non-compliance with the California Foreclosure Consulting Law Section 2495 are staggering including attorney fees, a 10k fine, jail time, and punitive damages

    (5) You can be held liable for the acts of your agents and representatives.  If you have a branch office in place you better know what's going on.  You have a duty to supervise and if your agents and representatives violate the California Foreclosure Consulting Law Section 2495 you will find yourself in ver hot water.

    To learn more about our services please contact us at (877) 276-5084.  The Law Offices of Steven C. Vondran.

    California Office
    620 Newport Center Drive, Suite 1100
    Newport Beach, CA 92660
    www.vondranlaw.com

    Arizona Office
    2415 E. Camelback Road
    Suite 700
    Phoenix, Arizona 85016
    www.vondranlaw.com

    Services we Provide: Advance Fee Agreements; Loan Audits, Incorporation Services, LLC's, Partnership & Branch Office Agreements, Business and Real Estate Litigation/Arbitration, Real Estate Zoning, Eminent Domain, Broker Audits, DRE licensing and disclipline hearings, Contracts, Internet and eBusiness Issues.

    Because most of our California loan modification and loan auditing work can be done, and is done, by phone fax and email between us and you we are able to serve our California clients in the following California Counties and Cities

    Alameda
    Albany
    Berkeley
    Dublin
    Emeryville
    Fremont
    Hayward
    Livermore
    Newark
    Oakland
    Piedmont
    Pleasanton
    San Leandro
    Union City
    Amador
    Amador City
    Ione
    Jackson
    Plymouth
    Sutter Creek
    Chico
    Gridley
    Oroville
    Paradise
    Angels Camp
    Colusa
    Colusa
    Williams
    Antioch
    Brentwood
    Clayton
    Concord
    Danville
    El Cerrito
    Hercules
    Lafayette
    Martinez
    Moraga
    Orinda
    Pinole
    Pittsburg
    Pleasant Hill
    Richmond
    San Pablo
    San Ramon
    Walnut Creek
    Crescent City
    Placerville
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     This is an advertisement and communication pursuant to State Bar Rules.  Legal Services Offered to California and Arizona Brokers Only.

     

    7 Comments on California Foreclosure Consultant Act - What Does it Mean to California Brokers doing Loan Modifications?

    SEP
    24
    2008
    120,649 Points 2 Featured Posts Outside Blog

    Wow, amazing amount of information, thanks for posting this Steve!  Truly an eye opener!

    10:58am • #1
    SEP
    25
    2008

    Your analysis of the California Foreclosure Consultant Act was pretty thorough. I wanted to bring to your attention the newly passed legislation (A.B. 180) http://gov.ca.gov/press-release/10618/ & http://leginfo.ca.gov/pub/07-08/bill/asm/ab_0151-0200/ab_180_bill_20080911_enrolled.pdf. It will not go into affect until July 1, 2009, but I thought I bring it up to get your thoughts on it since will will have an impact on foreclosure consulting in California.  On another note, the bonding requirement from section 2945.11 was found to be unconstitutional http://www.foreclosureforum.com/mb/messages/25778.html (Schweitzer v. Westminster Investments (2007) 157 Cal.App.4th 1195), which makes sense because no one in California even offers that form of bonding. Just wanted to see what your feed back was on all of this.

    Ken Edwards
    8:44pm • #2
    FEB
    10
    2009

    Are all accountants exempt for the law or just the members of the California Board of Accountancy?

    Also, if exempt from the definition of foreclosure consultant, is an advanced fee still required?

    Tana Edwards
    2:42pm • #3
    JUN
    09
    2009

    Hello Steve,

    Excellent Blog! This is very informative. I have a  follow up question.

    1) What is meant by Accountant. Must you be a CPA or is a 4 yr college degree, or just working as an account sufficient? 

    Mack L.
    7:24pm • #4
    JUN
    18
    2009

    My reading of the Foreclosure Consultant law leads me to believe that a Foreclosure Consultant need not be a licensed real estate broker.  Although, when considered in conjuction with B&P 10131(d) then a Foreclosure Consultant is required to be a broker - what are your thoughts on this?

    In short, is it possible to be a Foreclosure consultant that is not a California Real Estate Broker?

    Marco

     

    Marco
    8:52pm • #5
    OCT
    15
    2009

     

     

    There's some interesting wording

    **********************************

    (e) "Service" means and includes, but is not limited to, any of the following: (1) Debt, budget, or financial counseling of any type. (2) Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a lien on a residence in foreclosure. (3) Contacting creditors on behalf of an owner of a residence in foreclosure. (4) Arranging or attempting to arrange for an extension of the period within which the owner of a residence in foreclosure may cure his or her default and reinstate his or her obligation pursuant to Section 2924c. (5) Arranging or attempting to arrange for any delay or postponement of the time of sale of the residence in foreclosure. (6) Advising the filing of any document or assisting in any manner in the preparation of any document for filing with any bankruptcy court.

    **********************************

     

    Note that (1) and (6) also apply to services to those not in default and the definitions are incredibly broad. For example, a noted academic with years of experience in real estate and finance speaks at a semminar for which there is no charge to the attendees, but for which a small gift is made to the speaker by the sponsoring entity.  The speaker encourages the attendees to prepare a family budget and counsels them to cut down on unneccessary expenses. He shows them a step by step powerpoint presentation and perhaps the presentation or excel spreadsheet is available on the web. After hearing one woman's very sad story after the presentation he hands her his battered old copy of the Nolo guide to Chapter 7 and suggests she read it and then contact an attorney. 

    Sadly, for many, the concept of protecting consumers appears to have been hijacked and converted to a vehicle to protect lenders.

    fly4vino
    4:31pm • #6
    MAY
    26
    2010

    Great concept.

    Its really very useful blog.

    Thanks for great sharing.

    IT Support

    Sarapova
    7:33am • #8

    What does the graphic say?

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