Several states have enacted Homeowner Bill of Rights laws that give you powerful protections — dual tracking prohibition, single point of contact, and the right to sue. Learn what rights your state provides and how to enforce them against your mortgage servicer.
A Homeowner Bill of Rights (HBOR) is a state law that provides specific protections to homeowners facing foreclosure — protections that go beyond federal RESPA/TILA requirements. The most well-known is California's HBOR (effective 2013, made permanent 2018), but several other states have enacted similar protections. These laws give homeowners enforceable rights — and violations can be grounds for lawsuits and foreclosure challenges.
The servicer cannot foreclose while a complete loan modification application is pending. If you submit a complete application at least 5 business days before a scheduled sale, the sale must be postponed. If the modification is denied, you have 30 days to appeal — and the servicer cannot proceed to sale during the appeal period. This is the single most powerful protection.
You're entitled to a single person at the servicer who knows your file, can answer questions, and has authority to make decisions. No more calling and explaining your situation to a different person every time. The SPOC must be accessible and knowledgeable about your loan and loss mitigation options.
The servicer must acknowledge receipt of your modification application within 5 business days and provide a written decision with specific reasons for any denial. Denials must include the net present value (NPV) analysis, the inputs used, and clear instructions for appeal.
You can sue for HBOR violations. Remedies include: injunctive relief (stopping the foreclosure) before the sale, actual economic damages, and attorney's fees. California HBOR allows claims for material violations — meaning the violation must have affected your loan obligations or disrupted the modification process.
| State | Key Law | Dual Tracking Ban | Private Right of Action |
|---|---|---|---|
| California | Homeowner Bill of Rights (CC §2923.4-2924.12) | Yes | Yes |
| Nevada | SB 321 (NRS §107.400-107.560) | Yes | Yes |
| Oregon | SB 558 (ORS §86.726-86.785) | Yes | Limited |
| Minnesota | HF 990 (Minn. Stat. §582.043) | Yes | Limited |
| District of Columbia | Foreclosure Mediation Law | Mediation req. | No |
| New York | Foreclosure Abuse Prevention Act (2022) | Partial | Yes |
Your servicer may have violated your state's HBOR without you knowing. Find out in 15 minutes.