To: CA Chief Justice Tani Cantil-Sakauye, CA Attorney General Kamala Harris, The California State House, The California State Senate, and Governor Gavin Newsom
Stop illegal foreclosures and evictions!
STOP California's housing crisis exactly where it started: in the courts. Expose the evidence! STOP allowing foreclosures and evictions based on illegal paperwork or procedures. Work together to keep people in their homes.
Why is this important?
We are speaking up to protect the rights of California's homeowners and tenants.
California has strict foreclosure laws that must be followed exactly or the foreclosure sale is VOID, and strict laws for Unlawful Detainer to protect residents from illegal eviction. Much of California's housing crisis is caused by judges who fail to enforce these laws in thousands of individual cases, and by our Attorney General and District Attorneys who fail to prosecute housing crimes. Governor Brown and all our lawmakers say they are concerned about our deficient budget, unemployment, homelessness, and the shortage of affordable housing. STOP the second wave of this statewide scandal, and keep people in their rightful homes!
CHIEF JUSTICE TANI CANTIL-SAKAUYE (http://www.courts.ca.gov/chiefjustice.htm), who also heads the California Judicial Council (http://www.courts.ca.gov), must collaborate with California's OFFICE OF THE ATTORNEY GENERAL (https://oag.ca.gov/) and Governor Brown to guide the judges and protect against illegal foreclosures and evictions.
JUDGES should investigate the paperwork and procedures in any Unlawful Detainer (eviction) case that follows a foreclosure sale, housing discrimination, or any other questionable activity.
Fraudulent, counterfeit, robo-signed documents are NOT LEGAL and must not be allowed to substitute for legal documents. Any VOID foreclosure sale means the buyer CANNOT evict the residents.
When speculators realize they cannot evict after a VOID sale, they will stop buying the houses at auction, and lenders who must keep these homes might be more motivated to modify the loans. Right now, the lenders (loan servicers) refuse to modify loans because they get more cash when they sell the house. Notice the low participation rate of lenders in the Keep Your Home California (KYHC) principal reduction program (PRP):
http://keepyourhomecalifornia.org (Scroll down to Resources and click "Reports and Statistics" to find a map of California, where a mouse click reveals loan modifications by county.)
ATTORNEY GENERAL KAMALA HARRIS must restore funding to assist foreclosure victims. As of June 30, 2015, homeowners no longer have assistance from the California Monitor (https://oag.ca.gov/mortgagesettlement) to report violations of CA Homeowner Bill of Rights, and no longer have legal assistance for themselves or their attorneys through California Homeowner Bill of Rights Resources (http://calhbor.org/ see "Note to readers" at bottom of page).
ATTORNEYS and JUDGES should follow the case law and legal guidance provided by reputable sources, including the website for California Homeowner Bill of Rights Collaborative (http://calhbor.org/resources/).
__Protections for California Tenants in Foreclosed Homes (updated May 2014) [PDF]
http://www.calhbor.org/wp-content/uploads/2014/06/Foreclosure-memo-6.4.2014.pdf
__ Representing California Tenants & Former Homeowners in Post-Foreclosure Evictions (Updated through April 1, 2015), including when to CONSOLIDATE an Unlawful Detainer case with a Wrongful Foreclosure case, so the victim of unlawful attempt at eviction to stay in the home while the court examines the evidence.
http://calhbor.org/wp-content/uploads/2015/04/Post-FC-Eviction-PG-Apr-2015-update-FINAL.pdf
__Litigating under California’s Homeowner Bill of Rights & Nonjudicial Foreclosure Framework (Updated through June 2015), explains how to enforce California's Homeowner Bill of Rights, which was championed by Attorney General Kamala Harris and signed into law by CA Governor Jerry Brown to protect homeowners as they apply for a loan modification.
http://calhbor.org/wp-content/uploads/2015/07/PG-June-2015-update.pdf
Video of signing: https://www.youtube.com/watch?v=o8g0P0sRwR0
DISTRICT ATTORNEYS should use their Foreclosure Crisis Recovery Funds Grants ($5.2 million total) from Attorney General Kamala Harris to combat mortgage and foreclosure fraud. See how much each county was awarded, and ask, "How was that money really spent?"
http://oag.ca.gov/content/grants/fcrfg-awards
EVERYONE: Send this petition to judges, attorneys, lawmakers, real estate professionals, bank employees, community activists, home defenders, reporters and anyone who who cares about housing rights.
California has strict foreclosure laws that must be followed exactly or the foreclosure sale is VOID, and strict laws for Unlawful Detainer to protect residents from illegal eviction. Much of California's housing crisis is caused by judges who fail to enforce these laws in thousands of individual cases, and by our Attorney General and District Attorneys who fail to prosecute housing crimes. Governor Brown and all our lawmakers say they are concerned about our deficient budget, unemployment, homelessness, and the shortage of affordable housing. STOP the second wave of this statewide scandal, and keep people in their rightful homes!
CHIEF JUSTICE TANI CANTIL-SAKAUYE (http://www.courts.ca.gov/chiefjustice.htm), who also heads the California Judicial Council (http://www.courts.ca.gov), must collaborate with California's OFFICE OF THE ATTORNEY GENERAL (https://oag.ca.gov/) and Governor Brown to guide the judges and protect against illegal foreclosures and evictions.
JUDGES should investigate the paperwork and procedures in any Unlawful Detainer (eviction) case that follows a foreclosure sale, housing discrimination, or any other questionable activity.
Fraudulent, counterfeit, robo-signed documents are NOT LEGAL and must not be allowed to substitute for legal documents. Any VOID foreclosure sale means the buyer CANNOT evict the residents.
When speculators realize they cannot evict after a VOID sale, they will stop buying the houses at auction, and lenders who must keep these homes might be more motivated to modify the loans. Right now, the lenders (loan servicers) refuse to modify loans because they get more cash when they sell the house. Notice the low participation rate of lenders in the Keep Your Home California (KYHC) principal reduction program (PRP):
http://keepyourhomecalifornia.org (Scroll down to Resources and click "Reports and Statistics" to find a map of California, where a mouse click reveals loan modifications by county.)
ATTORNEY GENERAL KAMALA HARRIS must restore funding to assist foreclosure victims. As of June 30, 2015, homeowners no longer have assistance from the California Monitor (https://oag.ca.gov/mortgagesettlement) to report violations of CA Homeowner Bill of Rights, and no longer have legal assistance for themselves or their attorneys through California Homeowner Bill of Rights Resources (http://calhbor.org/ see "Note to readers" at bottom of page).
ATTORNEYS and JUDGES should follow the case law and legal guidance provided by reputable sources, including the website for California Homeowner Bill of Rights Collaborative (http://calhbor.org/resources/).
__Protections for California Tenants in Foreclosed Homes (updated May 2014) [PDF]
http://www.calhbor.org/wp-content/uploads/2014/06/Foreclosure-memo-6.4.2014.pdf
__ Representing California Tenants & Former Homeowners in Post-Foreclosure Evictions (Updated through April 1, 2015), including when to CONSOLIDATE an Unlawful Detainer case with a Wrongful Foreclosure case, so the victim of unlawful attempt at eviction to stay in the home while the court examines the evidence.
http://calhbor.org/wp-content/uploads/2015/04/Post-FC-Eviction-PG-Apr-2015-update-FINAL.pdf
__Litigating under California’s Homeowner Bill of Rights & Nonjudicial Foreclosure Framework (Updated through June 2015), explains how to enforce California's Homeowner Bill of Rights, which was championed by Attorney General Kamala Harris and signed into law by CA Governor Jerry Brown to protect homeowners as they apply for a loan modification.
http://calhbor.org/wp-content/uploads/2015/07/PG-June-2015-update.pdf
Video of signing: https://www.youtube.com/watch?v=o8g0P0sRwR0
DISTRICT ATTORNEYS should use their Foreclosure Crisis Recovery Funds Grants ($5.2 million total) from Attorney General Kamala Harris to combat mortgage and foreclosure fraud. See how much each county was awarded, and ask, "How was that money really spent?"
http://oag.ca.gov/content/grants/fcrfg-awards
EVERYONE: Send this petition to judges, attorneys, lawmakers, real estate professionals, bank employees, community activists, home defenders, reporters and anyone who who cares about housing rights.