Areas Of Practice
Homeowner Bill of Rights - Foreclosure Law
The aftermath of the financial crisis of 2008 resulted in millions of distressed homeowners. The cause of the crisis was due to a complicated scheme by investment bankers and unscrupulous mortgage lenders. The result was devastating – leaving millions of families displaced and nowhere to turn. Major lending institutions were either bailed out or taken into receivership by the federal government. In response to this crisis, the California Legislature passed the Homeowner Bill of Rights (HBOR) in 2012 to combat the mortgage and foreclosure crisis and to hold lenders and servicers accountable for exacerbating it.
HBOR gives homeowners protections in foreclosure proceedings and ensures that qualified homeowners are considered for loan modifications or other alternatives to foreclosures. HBOR prohibits banks and servicers from moving forward with foreclosure when homeowners have submitted a complete application for a loan modification (this is called “dual tracking”). It also requires banks and servicers to give homeowners a single point of contact so they don’t get the runaround every time they call for assistance. Most importantly, HBOR holds banks and servicers accountable by giving homeowners a private right of action for violations of its provisions.
While Chief Counsel at the Senate Judiciary Committee, Saskia Kim was a key drafter of the HBOR, helping to write its many provisions and ensure that important homeowner protections were included in the statute. And, Jan Dudensing has prosecuted foreclosure cases since 2010. Jan’s hard work and determination has resulted in numerous saved homes, and she has given homeowners a voice in a system where the big banks have traditionally silenced homeowners and trampled over their rights. Together, Ms. Dudensing and Ms. Kim—along with former State Senator Noreen M. Evans, an author of the HBOR—drafted the Appellant’s Opening Brief in an important HBOR case before the Third District Court of Appeal. In the brief, they argued that the HBOR was not preempted under federal law and—for the first time in a California Appellate court—that the preemption protections under the federal Homeowner’s Loan Act do not travel with a mortgage loan. The case is currently pending on appeal.
While working closely on the project, Ms. Dudensing and Ms. Kim realized that they shared the same passion for advocating for victims. As a result, Ms. Dudensing and Ms. Kim have decided to create a partnership to further their mutual interest of fighting for victims. Dudensing & Kim Law, LLP is dedicated to holding lending banks and servicers such as Bank of America, Chase and Wells Fargo accountable by fighting on behalf of distressed homeowners.
Automobile accidents can result in life-altering injuries. People often assume that once the at-fault driver is determined, the insurance carrier for that driver will handle the injured party’s claim in a fair and timely matter. Unfortunately, this rarely happens. Instead, the injured party is often treated unfairly and when it comes time to settle the case, the insurance company offers only a fraction of what the injured party deserves for the injury. Jan Dudensing has played a role in holding insurance companies accountable and obtaining fair settlements since 2001. At Dudensing & Kim Law, LLP we will pursue the maximum value for your personal injury. We have obtained millions of dollars in settlements. We have access to physicians and treatment options to help you recover your health, even if you do not have health insurance. Dudensing & Kim Law, LLP is here for you. We are accessible to you for any questions and concerns you may have regarding your case.