§ 2945.3. — 2945.3. (Amended by Stats. 2008, Ch. 278, Sec. 3.)

California § 2945.3.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 14.
• Part 4.: TITLE 14. LIEN
• Ch. 2.: CHAPTER 2. Mortgage
• Art. 1.5.: ARTICLE 1.5. Mortgage Foreclosure Consultants

Text

(a)
Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of compensation.
(b)
The following notice, printed in at least 14-point boldface type and completed with the name of the foreclosure consultant, shall be printed immediately above the statement required by subdivision (d):
“NOTICE REQUIRED BY CALIFORNIA LAW
or anyone working
(Name)
for him or her CANNOT:
(1) Take any money from you or ask you for money
until
has
(Name)
completely finished doing everything he or she said he or she would do; and
(2)
Ask you to sign or have you sign any lien, deed of trust, or deed.”
(c)
The contract shall be written in the same language as principally used by the foreclosure consultant to describe his or her services or to negotiate the contract. In addition, the foreclosure consultant shall provide
the owner, before the owner signs the contract, with a copy of a completed contract written in any other language used in any communication between the foreclosure consultant and the owner and in any language described in subdivision (b) of Section 1632 and requested by the owner. If English is the language principally used by the foreclosure consultant to describe the foreclosure consultant’s services or to negotiate the contract, the foreclosure consultant shall notify the owner orally and in writing before the owner signs the contract that the owner has the right to ask for a completed copy of the contract in a language described in subdivision (b) of Section 1632.
(d)
The contract shall be dated and signed by the owner and shall contain in immediate proximity to the space reserved for the owner’s signature a conspicuous statement in a size equal to at least 10-point boldface type, as follows: “You, the owner, may cancel this transaction at
any time prior to midnight of the fifth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”
(e)
The contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, each of the following:
(1)
The name, mailing address, electronic mail address, and facsimile number of the foreclosure consultant to which the notice of cancellation is to be mailed.
(2)
The date the owner signed the contract.
(f)
The contract shall be accompanied by a completed form in duplicate, captioned “notice of cancellation,” which shall be attached to the contract, shall be easily detachable, and shall contain in type of at least 10-point the following
statement written in the same language as used in the contract:
“NOTICE OF CANCELLATION
(Enter date of transaction)
(Date)
You may cancel this transaction, without any penalty or
obligation, within five business days from the above date.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram,
to
(Name of foreclosure consultant)
at
(Address of foreclosure consultant’s place of business)
You may also cancel by sending a facsimile (fax) of a signed and dated copy of this cancellation notice, or any other written notice, to the following number:
(Facsimile telephone number of foreclosure consultant’s place of business)
You may also
cancel by sending an e-mail canceling this transaction to the following e-mail address:
(E-mail address of foreclosure consultant’s business)
I
hereby
cancel
this
transaction
.
(Date)
”
(Owner’s signature)
(g)
The foreclosure consultant shall provide the owner with a copy of the contract and the attached notice of cancellation.
(h)
Until the foreclosure consultant has
complied with this section, the owner may cancel the contract.

Legislative History

Amended by Stats. 2008, Ch. 278, Sec. 3. Effective January 1, 2009. Operative July 1, 2009, by Sec. 7 of Ch. 278.