Know Your Rights

Homeowner Bill of Rights:
State Laws That Protect You

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.

What Is a Homeowner Bill of Rights?

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.

Key HBOR Protections (California as Model)

Dual Tracking Prohibition

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.

Single Point of Contact (SPOC)

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.

Written Acknowledgment & Decisions

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.

Private Right of Action

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.

States with Homeowner Bill of Rights Protections

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

FAQ — Homeowner Bill of Rights

Does the federal CFPB provide the same protections?
What if my state doesn't have a Homeowner Bill of Rights?
How do I enforce my HBOR rights if the servicer violates them?
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