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California Business and Professions Code Section 17537.6

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 17537.6

17537.6.  (a) It is unlawful for any person to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a homestead filing service. For the purpose of this
section, an "untrue or misleading statement" means and includes any
representation that any of the following is true:
   (1) The preparation or recordation of a homestead declaration will
in any manner prevent the forced sale of a judgment debtor's
dwelling.
   (2) The preparation or recordation of a homestead declaration will
prevent the foreclosure of a mortgage, deed of trust, or mechanic's
lien.
   (3) Any of the provisions relating to the homestead exemption set
forth in Article 4 (commencing with Section 704.710) of Chapter 4 of
Division 2 of Title 9 of Part 2 of the Code of Civil Procedure are
available only to persons who prepare or record a homestead
declaration.
   (4) A homestead declaration is in any way related to the obtaining
of any applicable homeowner's exemption to real property taxes.
   (5) The preparation or recordation of a homestead declaration is
required by law in any manner.
   (6) The offeror of the homestead filing service has a file or
record covering a person to whom a solicitation is made.
   (7) The offeror of the homestead filing service is, or is
affiliated with, any charitable or public service entity unless the
offeror is, or is affiliated with, a charitable organization which
has qualified for a tax exemption under Section 501(c)(3) of the
Internal Revenue Code.
   (8) The offeror of the homestead filing service is, or is
affiliated with, any governmental entity. A violation of this
paragraph includes, but is not limited to, the following:
   (A) The misleading use of any governmental seal, emblem, or other
similar symbol.
   (B) The use of a business name including the word "homestead" and
the word "agency," "bureau," "department," "division," "federal,"
"state," "county," "city," "municipal," "California," or "United
States," or the name of any city, county, city and county, or any
governmental entity.
   (C) The use of an envelope that simulates an envelope containing a
government check, tax bill, or government notice or an envelope
which otherwise has the capacity to be confused with, or mistaken
for, an envelope sent by a governmental entity.
   (b) (1) It is unlawful to offer to perform a homestead filing
service without making the following disclosure:
   THIS HOMESTEAD FILING SERVICE IS NOT ASSOCIATED WITH ANY
GOVERNMENT AGENCY.
   YOU DO NOT HAVE TO RECORD A HOMESTEAD DECLARATION.
   RECORDING A HOMESTEAD DECLARATION DOES NOT PROTECT YOUR HOME
AGAINST FORCED SALE BY A CREDITOR. YOU MAY WISH TO CONSULT A LAWYER
ABOUT THE BENEFITS OF RECORDING A HOMESTEAD DECLARATION.
   IF YOU WANT TO RECORD A HOMESTEAD, YOU CAN FILL OUT A HOMESTEAD
DECLARATION FORM BY YOURSELF, HAVE YOUR SIGNATURE NOTARIZED, AND HAVE
THE FORM RECORDED BY THE COUNTY RECORDER.
   (2) The disclosure specified in paragraph (1) shall be placed at
the top of each page of every advertisement or promotional material
disseminated by an offeror of a homestead filing service and shall be
printed in 12-point boldface type enclosed in a box formed by a
heavy line.
   (3) The disclosure specified in paragraph (1) shall be recited at
the beginning of every oral solicitation and every broadcast
advertisement and shall be delivered in printed form as prescribed by
paragraph (2) before the time each person who responds to the oral
solicitation or broadcast advertisement is obligated to pay for any
service.
   (c) In addition to any other service, every offeror of a homestead
filing service shall deliver each notarized homestead declaration to
the appropriate county recorder for recordation as soon as needed or
required by a homestead declarant, but no later than 10 days after
the homestead declaration is notarized. The offeror of the homestead
filing service shall pay all fees charged in connection with the
notarization and recordation of the homestead declaration.
   (d) No offeror of a homestead filing service shall charge, demand,
or collect any money until after the homestead declaration is
recorded. The total amount charged, demanded, or collected by an
offeror of a homestead filing service, including all fees for
notarization and recordation, shall not exceed twenty-five dollars
($25).
   (e) For the purposes of this section, the following definitions
apply:
   (1) "Homestead filing service" means any service performed or
offered to be performed for compensation in connection with the
preparation or completion of a homestead declaration or in connection
with the assistance in any manner of another person to prepare or
complete a homestead declaration. "Homestead filing service" does not
include any service performed by an attorney at law authorized to
practice in this state for a client who has retained that attorney or
an employee of that attorney acting under the attorney's direction
and supervision.
   (2) A "homestead declaration" has the meaning described in Article
5 (commencing with Section 704.910) of Chapter 4 of Division 2 of
Title 9 of Part 2 of the Code of Civil Procedure.

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Last modified: March 17, 2014