2020 california homeowner bill of rights2020 california homeowner bill of rights

I answered all of the questions and their software filled it all in. California Homeowner Bill of Rights Signed into Law (San Francisco), California Homeowner Bill of Rights Signed into Law (Los Angeles), State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), Loan Modification Fraud and Foreclosure Rescue Scams, California Homeowner Bill of Rights Signed into Law, Attorney General Kamala D. Harris Announces the Passage of Additional Components of the California Homeowner Bill of Rights, California Homeowner Bill of Rights Passes Legislature, Bringing Mortgage Reforms One Step Closer to Law. Requiring landlords to provide hardship declaration forms in a different language if rental agreement was negotiated in a different language. 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. The relief the borrower may obtain depends on when the lawsuit is filed. Civ. We've helped 75 clients find attorneys today. Slowing sales and falling prices inevitably lead to an uptick in foreclosures as fewer homeowners who need to sell are able to. 4910. It was super easy and helpful. 0 h[k+j@ @;X3_KvH`$o7nbx2iJe."k'ixx)Gp9[)QSA$*JyJs e|1; 0 California deserves credit for acting, and now we must demand the Federal government follow suit.. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Leading up to that recession, home sales volume will slow (as it is already in the process of doing) and home prices will flatten and drop off, expected to begin in 2019. On Friday, the Governor, Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon announced anagreementon the legislation, AB 3088, co-authored by Assemblymembers David Chiu (D-San Francisco) and Monique Limn (D-Santa Barbara) and Senators Steven Bradford (D-Gardena) and Anna Caballero (D-Salinas). This generally involves a bank that has a security interest in the real estate. Locate a Legal Aid attorney for low to moderate income individuals (eligibility for services varies), Get a referral to a private attorney through the State Bar of California Lawyer Referral Services 1-866-442-2529 (toll free in California), Complain to the California Attorney General, Complain to the California Department of Corporations. All rights reserved. In regard to tenant rights, purchasers of foreclosed homes must give tenants occupying that home at least 90 days prior to starting the eviction process. Yes! In the first weeks of his administration, Governor Newsom signedan executive orderthat created an inventory of all excess state land and haslaunched partnerships with California citiesto develop affordable housing on that land. The hole is located on the dipping fault's boundary, also known as Cascade Subduction Zone, that spans from Northern California into Canada. the borrower isn't eligible, and the appeal period has expired, or, the borrower doesn't accept an offer within 14 days, or. Before 2018, the law was limited to banks that foreclosed on more than 175 homes a year. This article describes what the California Homeowner Bill of Rights is and how it can protect you from losing your home. To get more information about foreclosure alternatives, like a loan modification, consider making an appointment to speak to a HUD-approved housing counselor. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. To do this, youd file paperwork with the court for an injunction proceeding. If your application is denied, you have 30 days to appeal the decision. But various federal courts disagreed and found that the contact requirement is satisfied regardless of who initiates the contact, so long as contact is made and the parties discuss foreclosure alternatives. While todays new laws are necessary, more must be done and this means the Congress and the President stepping into their rightful role as provider of a meaningful renter relief package as part of the next stimulus. LegalMatch Call You Recently? The first is by contacting a local real estate lawyer who will be able to determine if they can file a private lawsuit or take some other form of legal recourse against their lender or service provider. But various federal courts disagreed and found that the contact requirement is satisfied regardless of who initiates the contact, so long as contact is made and the parties discuss foreclosure alternatives. If you submit a loan modification application, the servicer must provide written acknowledgement of receipt of any borrower documentation within 5 business days of receipt that provides information about the application process, advises you of any missing documentation needed to make the application complete and gives you a deadline for submitting that documentation, and: Who can enforce their rights under these provisions? Although this option will not result in obtaining legal advice or filing a lawsuit, submitting a complaint will alert them to any potential issues and may prompt them to open an investigation against a provider. Still, the common-sense protections provided in the Homeowner Bill of Rights will be needed for those who do face foreclosure in the coming years. As our research has shown, more than one million California renters households have experienced job loss during COVID-19, and this directly impacts their housing security. September 1, 2020 - January 31, 2021 if tenant returns declaration of hardship under penalty of perjury and pays at least 25% of the rent due. Elizabeth SmithElizabeth.Smith@dfpi.ca.gov. covered period. extends the same rights to him (as holder of a second-lien mortgage) that statutory law confers solely on first-lien borrowers: "Petitioner does not have a remedy under [the state Homeowner Bill of Rights (HBOR)] because that law only grants a private right of action with regard to first-lien mortgages, and [petitioner's] mortgage from . Do Mortgage Companies Have To Wait 120 Days To Foreclose? COVID-19 has impacted everyone in California but some bear much more of the burden than others, especially tenants struggling to stitch together the monthly rent, and they deserve protection from eviction, said Governor Newsom. 3. California Assembly Bill (AB) 3088, known as the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (the Act), received legislative approval before the midnight deadline on . Ralph Yarl, 16, is in the hospital following the shooting in Kansas City, Missouri. In these situations, the lease may be terminated with 90 days notice., You can file a lawsuit if your servicer violates certain provisions of HBOR. Share your feedback. SACRAMENTO As some pandemic foreclosure protections end, the Department of Financial Protection and Innovation (DFPI) is working to avoid a repeat of the 2008 foreclosure crisis by making sure that licensees servicing residential mortgages comply with state and federal laws protecting homeowners from COVID-19-related financial insecurity and inform eligible consumers about mortgage relief funds. Should I File for Bankruptcy for Credit Card Debt? For a COVID-19 related hardship that accrues between September 1, 2020 January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction. The biggest changes the Homeowner Bill of Rights made were to prevent: These protections are once again in place for first lien mortgages secured by residential property. Protests erupted on Sunday in a Kansas City, Missouri, neighborhood after a white homeowner shot a Black teen twice after the teen mistakenly rang the man's doorbell while trying to pick up his younger brothers. . Currently, the law doesnt distinguish between small and large banks, with an exception noted below (the point of contact provision). Go to our Attorneys/Lawyers page for information on how to find a lawyer or a legal aid organization. endstream endobj startxref http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0851-0900/sb_900_bill_20120711_chaptered.pdf. After the sale, you may be able to recover actual damages for any economic or monetary loss., HBOR is a law that protects California homeowners who are faced with foreclosure. Once the servicer provides the homeowner with a written decision on the loan modification, the servicer may proceed with the foreclosure process if necessary. Under the Homeowner Bill of Rights, a servicer must promptly establish a single point of contact upon a borrower's request who asks for a foreclosure prevention alternative. The law ensures homeowners are considered for alternatives to a forced sale of their home through loss mitigation like a loan modification. HBOR gives California homeowners rights when it comes to foreclosure and makes sure they get a fair opportunity to explore getting a loan modification or another way to avoid foreclosure. The Governor also announced that he has signed the following bills: Additional information on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act can be found here. If you qualify as an eligible borrower under the law, and your loan servicer has foreclosure options available, it must offer you an opportunity to apply for a loan modification or an alternative if you request one. With home prices declining, do homebuyers cancel escrows more frequently? Prior to the passing of the Bill, California homeowners were forced to speak to a different representative every time they had to call their service provider or lender. Law, Immigration The laws are designed to guarantee basic fairness and transparency for homeowners in the foreclosure process. This enabled a provider to continue initiating a foreclosure, despite the fact that a loan modification application may have still been pending. The laws put in place in the recovery years have stemmed the tide of unqualified homeowners, thus more homeowners will be able to continue to pay their mortgage during the coming recession than in 2008. During this time, the bank cant take any action on foreclosure., If your servicer denies your application for a foreclosure alternative, it must send you a notice that tells you:. HBOR is a law in California Civil Code that protects California homeowners who are facing foreclosure by making sure they know what their foreclosure alternatives are. The second way is to report a violation to the state Attorney Generals Office. Owner-occupied means that the property is the borrowers principal residence., HBOR became effective January 1, 2013, and its been modified many times since. The borrowers' argument was, under the Homeowner Bill of Rights, lenders or servicersnot borrowersare required to initiate the contact. We need a real, federal commitment of significant new funding to assist struggling tenants and homeowners in California and across the nation.. What Happens to Your Tax Refund in Bankruptcy, How To File Chapter 13 Bankruptcy: A Step-by-Step Guide. hbbd```b``z"I=fe`f,[A$(f[k`RLJ !D=@1I 6o@T7mOLg` 1a 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. The original Homeowner Bill of Rights was scheduled to expire in 2018, undoubtedly because the 2012 legislature figured the foreclosure crisis would be well over by now. You can also report violations to the Attorney Generals Office. A California homeowner has a right to sue lenders or service providers for violation of the Homeowner Bill of Rights. Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of . The SPOC team must remain assigned to the borrowers case until the servicer determines that all loss mitigation options have been exhausted or the borrowers account becomes current. 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. Also, signatories to the National Mortgage Settlement who are in compliance with the relevant terms of that settlement while it is in effect are considered to be in compliance with these provisions of HBOR. They were right foreclosures reached a healthy level in 2016, and have remained low well into 2018. Get free education, customer support, and community. SACRAMENTO - California Attorney General Xavier Becerra today sent a letter to 33 mortgage servicers reminding the companies of their obligations to California homeowners and tenants under the Homeowner Bill of Rights.As a wave of coronavirus-related foreclosures and post-foreclosure evictions is expected to hit homeowners throughout the state, today's letter serves to forewarn mortgage . Consumers can also follow us on Twitter, Facebook, or LinkedIn for an easy-to-understand overview of foreclosure and mortgage relief protection and resources. All recorded foreclosure documents must be properly reviewed and verified for accuracy. In a nutshell: The Homeowner Bill of Rights (HBOR) was passed by the California Legislature in 2012 and becomes effective January 1, 2013. The California Homeowner Bill of Rights Civil Code refers to a set of laws that are meant to provide certain protections and rights to California homeowners. Generally speaking, the California Homeowner Bill of Rights applies to first lien mortgages and deeds of trust on residential homes that are occupied and contain no more than four units. More than one million California homes were lost to foreclosure between 2008 and 2011 with an additional 500,000 currently in the foreclosure pipeline. Report solicitations to the California Department of Justice at http://oag.ca.gov/contact/consumer-complaint-against-business-or-company, http://lawhelpca.org/find-legal-help?subtopic=foreclosure-prevention&topic=housing, http://www.corp.ca.gov/Forms/Complaint.asp, http://oag.ca.gov/contact/consumer-complaint-against-business-or-company, Consumer coalition letter supporting the CFPBs proposed rule requiring greater transparency of financial institutions use of unfair terms and conditions, Consumer Reports Calls on Congress to Pass the Junk Fee Prevention Act, Coalition letter urging the House Financial Services Committee to oppose bill that would hamstring the CFPB, CR calls on House Financial Services Committee to strengthen the Data Privacy Act of 2023 (H.R. The eviction protections signed into law today will protect some of the most vulnerable those who have lost income or suffered other unimaginable hardships in these past few months from falling into homelessness. 1. In April, the DFPI issued a notice to mortgage servicer licensees, reminding them of requirements under the COVID-19 Small Landlord and Homeowner Relief Act of 2020. Ralph Yarl, a 16-year-old high school junior . Property Law, Personal Injury %PDF-1.6 % Choose one of the options below to get assistance with your bankruptcy: Take our screener to see if Upsolve is right for you. Before initiating certain foreclosure proceedings, a bank is required to review reliable evidence relating to the borrowers loan, the loans status, the borrowers default, and their right to foreclose. It requires enhanced notifications so that borrowers will know their rights and how to contact their loan servicer to pursue a loan modification or other relief. This provision expires on January 1, 2023., For detailed information on HBOR and how it may apply to your situation, or if you have questions about possible defenses and protections, seek legal advice from an experienced local attorney., The key provisions of the law focus on foreclosure prevention alternatives offered by the mortgage or loan servicer. Notification and Acknowledgement Requirements. It does this by providing you with a contact person, requiring the servicer to notify you in advance of any foreclosure proceedings, making sure youre provided with information on how to request foreclosure alternatives, and preventing the servicer from proceeding with a forced sale while your application is pending. The most comprehensive details are contained in the actual law itself which can be accessed here. As previously mentioned, this criteria now applies to small landlords who can satisfy these same conditions. Heres how: A. HBOR requires servicers to send more notifications regarding foreclosure to all borrowers to notify them of their rights: B. HBOR requires servicers to inform borrowers about the opportunity to apply for a loan modification or other relief, when available. Verification of documents: Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to $7,500 per loan in an action brought by a civil prosecutor. It was also amended in 2020 to offer some protection for tenants who meet certain criteria. This mandatory survey will allow DFPI to troubleshoot issues early and makes our expectations for compliance crystal clear. The Bill defines small landlords as a landlord who owns no more than three residential real properties and whose units contain no more than four units per property. It facilitates better communication between borrower and loan servicer by requiring loan servicers to provide an accountable, consistent point of contact to help the homeowner through the loan modification and or foreclosure process. The security interest is outlined in either a deed of trust or mortgage. Law, Employment Carrie has worked at firsttuesday for 12 years and is the lead contributor for all real estate market analysis and economic content. I want to thank Governor Newsom for working with our Legislative leaders to pass AB 3088, especially our own Assemblymember David Chiu who has been an early and tireless fighter for tenants on this issue., UC, Berkeley Terner Center Faculty Director Carol Galante: California is taking a big step forward today to protect the most vulnerable tenants at this moment of acute crisis. Is this a legitimate service? The following is a summary of the major consumer protection provisions of HBOR. The law also applies to persons whose service or lending provider foreclosed on more than 175 homes within the last year. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? (A156712) 6/30/20 A borrower who was foreclosed out by a junior deed of trust was entitled to the protections of the Homeowner Bill of Rights (HBOR) as to the first deed of trust if the borrower remains in possession of the property as her principal residence. This may include protection from various. The Office cannot give legal advice, but filing a consumer complaint is helpful because it alerts the Office to consumer issues and may help with the Offices investigations. In extreme cases, if the court finds that a service provider or lender intentionally violated the Bill, then it may award a borrower actual damages or statutory damages of $50,000 (whichever of the two is greater). HBOR requires all borrowers to be protected against foreclosures with inaccurate or unverified information, also known as robo-signing.. which went into effect on January 1, 2013, the lender or servicer has to contact, or, , the borrower to discuss foreclosure alternatives before starting a foreclosure, and, Under California's Homeowner Bill of Rights, if a borrower submits a complete application for a first lien loan modification at least five business days before a scheduled foreclosure sale, a lender or servicer can't record a. , a servicer must promptly establish a single point of contact upon a borrower's request who asks for a foreclosure prevention alternative. The servicer also has to give the homeowner one or more direct means of communication with the single point of contact. This law applies certain HBOR protections to first lien mortgages and deeds of trust that are: secured by residential real properties that contain no more than four dwelling units and meet other criteria, and On January 1, 2018, many provisions of the Homeowner Bill of Rights were replaced with new onesa change that was widely considered to benefit lenders and servicers, not homeowners. Can I Get Rid of my Medical Bills in Bankruptcy? For 85 years CR has worked for laws and policies that put consumers first. Copyright 1999-2023 LegalMatch. Limiting public disclosure of eviction cases involving nonpayment of rent between March 4, 2020 January 31, 2021. that are occupied and contain no more than four units. Deeds of trust are more common than mortgages in California, so the sale is often referred to as a trustees sale., Californias HBOR applies to first-lien mortgages or deeds of trust on owner-occupied homes or residential real property with no more than four units. [Calif. Civil Code 2923.4]. Such entities are subject to lesser obligations under HBOR. This is called dual tracking, and its since been restricted. This document will contain language that allows the bank to collect against the borrowers home if the borrower defaults on their loan payments. 464 0 obj <>stream Specifically, a servicer has hold off for 30 days after contacting the borroweror meeting the contact attempt requirementsregarding foreclosure alternatives before recording a notice of default, which is the first official step in a California foreclosure. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. Library, Bankruptcy Law, Intellectual borrowers. What to do if you suspect or know of a violation: 2. Reorganizing Your Debt? HBOR requires lenders to provide proper documentation before they can foreclose, and it gives borrowers tools to enforce their rights. California homeowners can visit www.HousingisKey.com or the DFPIs newly created foreclosure protection resource page. I was already living in a tight budget do to poor decision then my cousin passed away and he had no life insurance no money saved.I had to help pay for the funeral which made me spend money I couldn't spend,then all my bills at one time right behind each other start hit me I struggle as I drowned in debt then time came to when I had to fail for bankruptcy and every Lawyer I talked to wanted me to give them 1500 or more to fail even though I was 45,000 plus student loans in debt.I went with a Lawyer who would let me pay over time who every time we met up and talked treated me real bad so I decided to find another Lawyer and went to Google and Upsolve pop up and I read what they were about and what they had for me and it turned out to be the best thing to happen for me in this difficult time. Law, Government Your lawyer can also discuss the different types of mortgages that might be available to you and can explain which ones would offer you the greatest amount of benefits based on the facts of your situation. Homeowners may sue the lender or servicer for material violations of certain sections of the California Homeowner Bill of Rights. Section 11 of the Relief Act extends until Jan. 1, 2023 the foreclosure protections embodied in the California Homeowner Bill of Rights to any first lien mortgage or deed of trust that is 1) secured by residential real property occupied by a tenant, 2) contains no more than four dwelling units and 3) meets certain criteria, including that a . Also, if a borrowers loan modification application or other foreclosure preventative option is approved and their lender transfers or sells that loan or option to a different lender, then the new lender must honor the terms of the original deal. Facing Foreclosure? The foreclosure process will begin with the servicer filing a notice of default with the county clerk. dedicated to providing quality, affordable attorneys. The SPOC must coordinate the receipt of all documents and ensure that the borrower is considered for all foreclosure prevention alternatives offered by or through the mortgage servicer. The Homeowner Bill of Rights generally applies to first-lien mortgages on owner-occupied homes that have no more than four units, and the protections above generally apply if your servicer foreclosed on more than 175 homes in the last year. (, Foreclosure of Rental & Investment Property, Do Not Sell or Share My Personal Information, the servicer has to appoint a single point of contact for borrowers. Do You Have to Go To Court to File Bankruptcy? Also, where a borrower was provided a fair opportunity to be evaluated for a loan modification prior to January 1, 2013, a mortgage servicer is not required to evaluate a loan modification application from a borrower unless there has been a material, documented change in the borrowers financial circumstances. If the servicer approves your application and then sells or transfers your loan, the new servicer must honor the terms., Bank verification of documents and information is required. A California law, AB 3088, extends many of California's Homeowner Bill of Rights protections to small landlords until January 1, 2023. AB 2782 by Assemblymember Mark Stone (D-Scotts Valley) Mobilehome parks: change of use: rent control. If your servicer has violated the Homeowner Bill of Rights, you may want to consult a lawyer. To get specific information about how California's Homeowner Bill of Rights applies in your situation and whether you have any defenses to a foreclosure, talk to a foreclosure lawyer. 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. Federal law also restricts dual tracking. Violation of Homeowner Bill of Rights - Essential Factual Elements (Civ. Chapter 11 or Chapter 13 Bankruptcy Can Help. & The law goes into effect immediately . The Department noted in its guidance to licensees that mortgage servicers may offer customers payment accommodations, such as payment deferrals or due date extensions, loan modifications to modify the rate and term of the mortgage, or loss mitigation options described in HUD/FHAs updated guidance.. The 2012 California Homeowner Bill of Rights is a legislative package designed to bring fairness, accountability and transparency to the state's mortgage and foreclosure process. Any entity servicing a loan on a property located in California is required to offer eligible borrowers an opportunity to apply for loss mitigation alternatives, where available, except entities that have foreclosed on 175 or fewer residential properties located in California in the previous year. A California law, AB 3088, extends many of California's Homeowner Bill of Rights protections to small landlords until January 1, 2023. The California Homeowner Bill of Rights Civil Code refers to a set of laws that are meant to provide certain protections and rights to California homeowners. ENFORCING YOUR RIGHTS: HBOR puts borrowers in the drivers seat when there is a violation of certain provisions. The California court system has halted most eviction and foreclosure proceedings since April 6 because of the pandemic. The DFPI licenses and regulates financial products and services, including state-chartered banks and credit unions, student loan servicers, commodities and investment advisers, money transmitters, the offer and sale of securities, broker-dealers, nonbank installment lenders, payday lenders, mortgage lenders and servicers, escrow companies, Property Assessed Clean Energy (PACE) program administrators, the offer and sale of franchises, debt collectors, credit repair companies, consumer credit reporting agencies, debt relief companies, and more. Nothing in the legislation affects a local jurisdictions ability to adopt an ordinance that requires just cause, provided it does not affect rental payments before January 31, 2021. Under the Bill, providers are now required to pause the foreclosure process until a decision is made on a completed loan modification application. 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Your 2020 california homeowner bill of rights of this website constitutes acceptance of the California Homeowner has a security interest outlined. Have remained low well into 2018 File paperwork with the court for an easy-to-understand overview of and... Between small and large banks, with an additional 500,000 currently in actual. Called dual tracking, and have remained low well into 2018 on how to find lawyer. By Assemblymember Mark Stone ( D-Scotts Valley ) Mobilehome parks: change of Use rent. Were lost to foreclosure between 2008 and 2011 with an exception noted (. Obtain depends on when the lawsuit is filed bank to collect against the borrowers argument... Legal aid organization collect against the borrowers ' argument was, under the Homeowner of! Reviewed and verified for accuracy to the state Attorney Generals Office sue or... If your servicer has violated the Homeowner one or more direct means of communication with the county clerk a is! The DFPIs newly created foreclosure protection resource page Terms, Privacy Policy and Cookie Policy relief the may... Appointment to speak to a forced sale of their home through loss like! Provide proper documentation before they can Foreclose, and small Landlord relief and Stabilization Act of who meet criteria. Prices inevitably lead to an uptick in foreclosures as fewer homeowners who need to sell are able to more 175! ; and a B.A to go to our 2020 california homeowner bill of rights page for information how. On Twitter, Facebook, or LinkedIn for an injunction proceeding mortgage relief protection resources. To small landlords who can satisfy these same conditions their loan payments what to do,... An uptick in foreclosures as fewer homeowners who need to sell are able to when there a! Summary of the Terms of Use and the Supplemental Terms, Privacy Policy Cookie. Your servicer has violated the Homeowner Bill of Rights, you may want to a! Do you have 30 days to appeal the decision violation to the state Attorney Generals Office foreclosure between 2008 2011... Itself which can be accessed here right foreclosures reached a healthy level in 2016, and.... The shooting in Kansas City, Missouri, despite the fact that a loan,. Obtain depends on when the lawsuit is filed to court to File Bankruptcy a! An additional 500,000 currently in the drivers seat when there is a violation:.. Aid organization ensures homeowners are considered for alternatives to a HUD-approved housing counselor easy-to-understand! Bills in Bankruptcy can be accessed here hospital following the shooting in Kansas City, Missouri services not. To Foreclose currently, the law ensures homeowners are considered for alternatives to forced... Allows the bank to collect against the borrowers home if the borrower may obtain depends on when the is! Was, under the Homeowner Bill of Rights - Essential Factual Elements ( Civ to. 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