no teeth here either

21 May

Cause of Action for Violation of CCC §§ 2923.52 and / or
2923.53 – There is no private right of action.  Vuki v. Superior
Court, 189 Cal. App. 4th 791, 795 (2010).

One Response to “no teeth here either”

  1. Randy Frodsham May 22, 2011 at 4:19 pm #

    HUH?!? CCC Section 2923.52 shall not apply if any of the following occurs:
    (a) The borrower has surrendered the property, as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent.
    (b) The borrower has contracted with an organization, person, or entity whose primary business is advising people who have decided to leave their homes regarding how to extend the foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries.
    (c) A case has been filed by the borrower under Chapter 7, 11, 12, or 13 of Title 11 of the United States Code, and the bankruptcy court has not entered an order closing or dismissing the bankruptcy case or granting relief from a stay of foreclosure.(d) This section
    shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.

    There is no more 2923.52! But, what if prior to 1/1/11, the borrower neither (a) surrender or deliver of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent, nor (b) contract with an organization, person, or entity whose primary business is advising people who have decided to leave their homes regarding how to extend the foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries (I don’t believe that a licensed real estate agent or broker is described here as a real estate agent or broker (or the company they represent) is not specifically contracted to advise regarding “how to extend the foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries,” nor (c) filed for bankruptcy protection? What is left for such a borrower to do if 2923.52 doesn’t apply?

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