Representing Homeowners and Tenants under the Homeowner Bill of Rights (Inland Empire)
Monday, March 3, 2014 at 9:00 AM - Tuesday, March 4, 2014 at 3:30 PM (PST)
San Francisco, California
London, United Kingdom
The HBOR Collaborative presents a free two-day training on the nuts and bolts of representing tenants and homeowners under California’s Homeowner Bill of Rights (HBOR). The training will cover HBOR basics and provide practical tips for representing clients. HBOR became effective on January 1, 2013 and codifies the broad intentions of the National Mortgage Settlement’s pre-foreclosure protections. It also provides tenants in foreclosed properties with a host of substantive and procedural protections. The training will cover the interplay of HBOR with NMS, CFPB servicing rules, and the Protecting Tenants at Foreclosure Act. We will also discuss HBOR’s attorney fee provisions.
The Inland Empire Training consists of a Homeowners Track program and a Tenants Track program. The Homeowners Track is a two-day seminar meeting both on 3/3 and 3/4, while the Tenants Track meets only on the first day, 3/3. The tracks run simultaneously, so each participant should only register for one track. Each training day will offer 5 hours of MCLE credit.
Lunch will be provided.
AGENDA – Monday March 3rd
9:00 – 9:30 Registration
9:30 – 9:40 Welcome
9:40-10:00 Opening Remarks by Special Assistant Attorney General Jill Habig
10:00 – 11:00 Plenary: An Overview of the Homeowner Bill of Rights: Homeowner and Tenant Protections
11:15--12:45 First Break Out Sessions
- Homeowner track – Litigating under HBOR: Representing homeowners part 1: This session will discuss the keys to litigating a successful HBOR case, including asserting dual tracking claims. We will also discuss how to deal with potential pitfalls in HBOR litigation and non-HBOR claims in foreclosure cases. This session will also discuss ethical representation of homeowners and SB94.
- Tenant Track -- Litigating tenant’s rights under HBOR part 1: getting into court and UD basics. This session will provide a basic overview of the UD process. It will discuss everything that happens before court, including eviction notices. It will also include a guide for using claim forms and advocating with sheriffs and court clerks. It will be a practical discussion of how to help tenants get into court when they are not named in an unlawful detainer action.
12:45– 1:30 Lunch
1:30 – 3:15 Second Break Out Sessions
- Tenant track - Litigating tenant’s rights under HBOR part 2: trial and beyond. Practical discussion of how to gather evidence and what motions to use for different fact patterns, as well as common trial issues. The training will also provide a brief introduction to affirmative litigation on behalf of tenants in foreclosed properties.
- Homeowner track - Loan modifications 101. This session will explain Home Affordable Modification Program (HAMP), what determines whether a homeowner gets a modification, pitfalls in the process, etc. This session will also review some of the advocacy tips in the modification process.
3:15 – 3:30 Closing
AGENDA – Tuesday, March 4th
8:15 – 8:45 Registration
8:45 – 9:45 Review Hypothetical, Brainstorming Claims and Questions
- What claims do you see?
- What do you need to know before deciding on your course of action?
- What damages can you identify?
- What about standing?
9:45-10:15 What is Your Response? Anticipating the Servicer’s Response
- When would you file?
- What court would you file in?
- What would you file?
10:15 – 10:30 Break
10:30—11:30 Discovery Plans
- What do you need to prove up your claims?
- What are the best sources?
- Sequencing discovery
11:30—12:30 Requests for Admissions
12:30– 1:15 Lunch
1:15 – 2:15 Interrogatories and Request for Production
2:15 – 3:30 Depositions
The HBOR Collaborative is funded by the Office of the California Attorney General under the National Mortgage Settlement. The Collaborative is a partnership of four organizations, National Housing Law Project, National Consumer Law Center, Tenants Together and Western Center on Law and Poverty. We offer free training, technical assistance, litigation support, and legal resources to California’s consumer attorneys and the judiciary on all aspects of the new California Homeowner Bill of Rights, including its tenant protections. The goal of the Collaborative is to ensure that California’s homeowners and tenants receive the intended benefits secured for them under the Homeowner Bill of Rights by providing legal representation with a broad array of support services and practice resources. For more information about the HBOR Collaborative, please visit http://www.calhbor.org.