Tuesday, December 18, 2018
Schmidt v. Citibank
Cal.App. 4th Dist, Div. 1 (D072993) 11/7/18
Former Civil Code Section 2923.55(b)(2) was part of the Homeowners' Bill of Rights, requiring a lender to contact a borrower in default to discuss options to modify a deed of trust before commencing foreclosure. The court held that a lender satisfied the requirements of the statute even though the borrower initiated the telephone calls during which the discussions were had.