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What is the California Homeowner Bill of Rights?

The Homeowner Bill of Rights is a set of California laws that make loan companies follow fair steps before and during foreclosure. For covered loans, they generally must reach out to you before starting, often must give you a single point of contact, and generally cannot push a sale forward while a complete loan modification application they received in time is under review. Not every protection applies to every loan or servicer. For some serious violations, you may be able to ask a court to stop the sale, but that is not automatic.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

Who does it cover?

Most of the main protections apply to a first mortgage or first deed of trust when all of these are true:

  • The home has 1 to 4 units.
  • It is your main home, where you live.
  • The loan was for personal, family, or household use.

Investment properties, business loans, and second mortgages may not get these protections. Some servicers follow a different set of rules or are exempt from some protections, such as the single point of contact rule. Not every protection applies to every loan. Each right has its own coverage, so it helps to have a counselor or attorney check your case.

Right 1: Outreach before a Notice of Default

Before recording a Notice of Default, your loan company generally must contact you in person or by phone to look at your finances and talk about ways to avoid foreclosure. Then it must wait 30 days before recording the notice.

  • If it cannot reach you, it must try hard: a first-class letter, at least 3 phone calls at different hours on different days, and a certified letter if you do not answer within about two weeks.
  • If you ask for a follow-up meeting, it must be set within 14 days.
  • It must give you information about free HUD housing counseling.
  • It must tell you about protections for military members, and that you can ask for a copy of your loan papers and payment history.
  • It must tell you that a family member, counselor, attorney, or other person can record a request to get copies of foreclosure notices. That request alone does not stop foreclosure.

Right 2: A single point of contact

For loans and servicers covered by this rule, when you ask for help avoiding foreclosure, your loan company must promptly give you a single point of contact and a direct way to reach them. This can be one person or a team. Some servicers are exempt, so this is not a guaranteed right to one named person. When the rule applies, the contact's job is to:

  • Keep track of your papers and tell you what is missing.
  • Explain the status of your request and your deadlines.
  • Reach the people who can stop a foreclosure when needed.

Right 3: No dual tracking

Dual tracking means pushing foreclosure forward while reviewing you for a loan modification. For covered loans, if your servicer receives a complete application for a first-lien modification at least 5 business days before a scheduled sale, the loan company generally cannot record a notice or hold the sale while the application and any appeal are pending. Asking about a modification, or sending an incomplete package, does not give you this protection. Applying again does not always restart it, and nothing guarantees approval. Federal rules have their own deadlines, and some require acting more than 37 days before a sale. Sending papers to us is not the same as your servicer receiving them. Read our guide on how a complete application can pause foreclosure.

Right 4: Written notices and honored agreements

  • Within 5 business days after recording a Notice of Default, a covered loan company that offers options generally must write to you about them.
  • Within 5 business days after getting your application papers, it must confirm receipt and tell you about the process, deadlines, and anything missing.
  • While you keep up with an approved trial or permanent modification, repayment plan, or forbearance, foreclosure generally cannot move forward.
  • If a new company takes over collecting your payments, it must honor an approved plan.
  • The loan company cannot charge you a fee to apply for a modification.

Right 5: Accurate foreclosure papers

Foreclosure papers must be accurate, complete, and backed by reliable proof. Before recording or filing them, the loan company must review the proof of your default and its right to foreclose. This is sometimes called the robo-signing rule. A small typo does not always cancel a sale, but repeated problems can lead to penalties.

What can I do if my rights were broken?

  • Before the trustee's deed is recorded, you may ask a court to stop the sale for a serious violation.
  • After the deed is recorded, you may be able to get money for real losses caused by a serious violation that was not fixed.
  • If the violation was on purpose or reckless, a court may award three times your losses or $50,000, whichever is more.
  • If you win, the court may order the loan company to pay your reasonable attorney fees and costs.
  • These remedies are not automatic. Filing a complaint with a state agency does not, by itself, stop a sale. If your sale is close, talk to an attorney right away.

Where can I learn more or complain?

General information, not legal advice. Each right has its own coverage and exceptions. Sources: California Civil Code sections 2923.5, 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19.

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IMPORTANT NOTICE

Serve First Realty is not associated with the government, and our service is not approved by the government or your lender.

Even if you accept this offer and use our service, your lender may not agree to change your loan.

Asking for a guide or giving contact permission does not stop foreclosure or extend a deadline.

Know your rights, then use them

A free call can help you see which protections may fit your situation and what to do next. It does not stop a foreclosure or extend a deadline.

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