Sections
13 entriesSection 2945Establishes legislative findings that homeowners in foreclosure face consultant fraud, deception, harassment, unfair dealing, high fees, and harmful surplus-fund arrangements, and states…Section 2945.1Defines a foreclosure consultant as a compensated person offering or performing foreclosure-related services, including delaying a sale, obtaining forbearance, assisting reinstatement, obtaining…Section 2945.2Allows an owner to cancel a foreclosure-consultant contract until midnight of the fifth business day after signing a compliant contract. Cancellation may…Section 2945.3Requires every foreclosure-consultant contract to be written, disclose services and compensation, use required notices and languages, and give the owner copies before…Section 2945.4Prohibits foreclosure consultants from taking compensation before full performance, charging loan compensation above 10 percent annually, taking security or powers of attorney,…Section 2945.45Prohibits a covered foreclosure consultant from performing specified consulting activities without Department of Justice registration and a maintained $100,000 surety bond, except…Section 2945.5Prohibits an owner from effectively waiving protections of the foreclosure-consultant article by making any such waiver void and unenforceable as contrary to…Section 2945.6Allows an owner to sue a foreclosure consultant for a chapter violation and recover actual damages, reasonable attorney’s fees and costs, appropriate…Section 2945.7Sets punishment for each violation described in the referenced foreclosure-consultant provision at a fine of up to $10,000, county-jail imprisonment for up…Section 2945.8Establishes severability for the foreclosure-consultant article: if any provision or its application to a person or circumstance is held unconstitutional, the remainder…Section 2945.9Establishes a foreclosure consultant’s liability for all damages caused by statements or acts of a representative connected with covered consulting services, receipt…Section 2945.10Prohibits a foreclosure-consultant contract term limiting liability under the referenced provision, making the term void and allowing the owner to void the…Section 2945.11Requires a foreclosure consultant’s representative to give the owner written proof of a current California real-estate sales license and bonding for at…