California's Mortgage Foreclosure Consultant Law (Civil Code 2945) requires foreclosure negotiation or consultant firms to comply with several stringent requirements, including but, not limited to the most important three requirements in my opinion:
1) there must be a signed written contract that discloses the exact nature of the foreclosure consultant's services and the total amount and terms of compensation.
2)the mortgage foreclosure consultant must be licensed to provide the service.
3)no up-front fees can be collected by the mortgage foreclosure consultant.
If the mortgage foreclosure consultant fails to comply with these simple requirements, he is liable for any actual damages, plus attorney fees.
I am attorney Robert A. Von Esch IV. I represent plaintiffs and defendants in real estate and business matters. If you would like to contact me, please visit my website at www.voneschlaw.com.
Tuesday, June 1, 2010
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