California Civil Code Section 2924.19 defined

California Civil Code 2924.19 defined

Attorney Steve Vondran explains what California Civil Code Section 2924.19 means.  This is a part of the California Homeowner's Bill of Rights ("HBOR") and is a remedy provision for dealing with "material" violations of the law.  There is a difference between whether or not you file suit before a non-judicial foreclosure sale (seek a TRO, Injunction, file lis pendens and seek attorney fees).  Post-sale, your rights might be limited to seeking damages, and attorney fees.  If you can show willful, reckless, or intentional misconduct you can seek triple (or "treble") actual damages (meaning three times whatever your damages are), or $50,000 in statutory damages, whichever is greater.  

The HBOR is a very important law that could give you significant legal rights when you are facing the loss of your home.  If you are facing "dual tracking" problems, or violations of Cal. civ. code 2923.5 or believe you have robosigned documents (inaccurate and incomplete documents, or filing foreclosure documents where the documents are not based on competent and reliable evidence, and/or the right to foreclose is not property substantiated), these things can create grounds to file a state or federal lawsuit against your lender, loan servicer, beneficiary, or their authoritzed agents.