California Homeowner Bill of Rights: Your Complete Guide

California's Homeowner Bill of Rights (HBOR), originally enacted in 2013 and made permanent in 2018 with significant expansions, provides some of the strongest foreclosure protections in the United States. If you're a California homeowner facing foreclosure, understanding your HBOR rights is essential — these are powerful protections that can stop a foreclosure in its tracks.

The dual-tracking prohibition is HBOR's core protection. Under HBOR, your mortgage servicer cannot simultaneously pursue foreclosure (track 1) while evaluating your complete loan modification application (track 2). If you submit a complete application for a first lien loan modification at least 37 days before a scheduled foreclosure sale, the servicer must evaluate it before proceeding. If the application is denied, you have 30 days to appeal. During the evaluation and appeal period, the sale cannot proceed.

The Single Point of Contact (SPOC) requirement: once you request foreclosure prevention assistance, the servicer must assign you a single point of contact — one person or team with access to your file who can answer your questions, coordinate receipt of documents, and keep you informed about the status of your application. This SPOC must have the authority and ability to actually help you — not just take messages. If your servicer is bouncing you between representatives or departments, they may be violating HBOR.

Robo-signing prohibition: HBOR requires that every foreclosure document — including notices of default, notices of sale, assignments, declarations, and substitution of trustee documents — be based on personal knowledge, supported by competent and reliable evidence, and accurately reviewed. The signer must actually have reviewed the documents. Violations of this provision can provide grounds to challenge the foreclosure.

Private right of action: HBOR gives homeowners the right to sue their servicer for violations. If you can prove a material violation of HBOR, you may recover actual damages (including damages for emotional distress), plus attorney fees. For intentional or reckless violations, you may recover statutory damages up to $50,000. This private right of action creates real consequences for servicers who violate your rights.

The remaining provisions: servicers must provide borrowers with a written statement of the reasons for denying a loan modification and allow an appeal; servicers must record a Notice of Rescission if they cancel a Notice of Default; and servicers must provide specific notices to tenants in foreclosed properties. Each of these provisions creates deadlines and requirements that, if violated, can be used to challenge the foreclosure.