California Civil Code ARTICLE 1.5 - Mortgage Foreclosure Consultants

• Section 2945.
  (a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by foreclosure consultants from...
• Section 2945.1.
  The following definitions apply to this chapter:(a) “Foreclosure consultant” means any person who makes any solicitation, representation, or offer to any owner to perform for compensation...
• Section 2945.2.
  (a) In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of...
• Section 2945.3.
  (a) Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of...
• Section 2945.4.
  It shall be a violation for a foreclosure consultant to:(a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed...
• Section 2945.45.
  (a) Except as provided in subdivision (b) of Section 2945.1, a person shall not take any action specified in subdivision (a) of Section 2945.1 unless the...
• Section 2945.5.
  Any waiver by an owner of the provisions of this article shall be deemed void and unenforceable as contrary to public policy. Any attempt by...
• Section 2945.6.
  (a) An owner may bring an action against a foreclosure consultant for any violation of this chapter. Judgment shall be entered for actual damages, reasonable attorneys’...
• Section 2945.7.
  Any person who commits any violation described in Section 2945.4 shall be punished by a fine of not more than ten thousand dollars ($10,000), by...
• Section 2945.8.
  If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the article...
• Section 2945.9.
  (a) A foreclosure consultant is liable for all damages resulting from any statement made or act committed by the foreclosure consultant’s representative in any manner connected...
• Section 2945.10.a.
  (a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.9 shall be void and shall...
• Section 2945.11.
  (a) Any representative, as defined in subdivision (b) of Section 2945.9, deemed to be the agent or employee or both the agent and the employee of...

Last modified: October 22, 2018