The California Homeowner’s Bill of Rights, termed HOBR requires that “licensees” will be responsible for maintaining evidence of compliance with all of the new requirements. “Such evidence includes, but not be limited to, phone conversation logs, copies of correspondence, notices, declarations and operations manuals that establish a mortgage servicer’s policies and procedures. A licensee’s books and records should establish that required correspondence and notices occur within the time periods set forth in the law.”

If Trustee’s Deed Upon Sale is Not Recorded, then a borrower may sue to enjoin material violations of the law.

If Trustee’s Deed Upon Sale is Recorded, then a borrower may sue for “actual economic damages” caused by the violation – if not corrected or remedied before the trustee’s deed was recorded. If the court finds the material violation was intentional, reckless, or resulted from willful misconduct, the court may award the borrower the greater of treble the actual damages or statutory damages of $50,000. A prevailing BORROWER may also be awarded reasonable attorney fees and costs.