Cause of Action Under CCC § 2923.6 – There is no private
right of action under Section 2923.6, and it does not operate
substantively. Mabry v. Superior Court, 185 Cal. App. 4th 208,
222-223 (2010). “Section 2923.6 merely expresses the hope that
lenders will offer loan modifications on certain terms.”
There is a presumption as to who the lender is and what rights it has to foreclose especially if a Note has been securitized.
There is no hope for the Lender who offers a modification and has no rights to do so.
Forensic Mortgage Audits and Foreclosure Defense
Quiet Title Actions
oliver@ipa.net
john
Then can you use the FDCPA then to get the private action?