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.

Personal Injury

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.

Victims of Crime

Most people understand that when they are a victim of a crime that the police will arrest the perpetrator. The victim expects that the District Attorney will then prosecute the perpetrator who will serve jail time. Many victims do not realize that, in the State of California, victims also have other rights. For example, they can sue the perpetrator in civil court and possibly receive compensation for the perpetrator’s criminal acts in the civil setting. Under California law, victims are also entitled to restitution from the criminal – essentially what they lost as a result of the crime. If the criminal disputes the amount the victim claims, a restitution hearing is set and the amount awarded in restitution will be determined by a judge. This amount is then typically paid in small payments to the victim by the criminal while in jail, prison, or on probation. Victims typically also do not realize that, under California’s Victim’s Bill of Rights, they can hire a private attorney to advocate on their behalf at the restitution hearing. This can help to ensure that they are represented by someone with the resources to fully advocate for them. At Dudensing & Kim Law, LLP we can be that voice for you. Even though it is in the criminal setting, we can advocate on your behalf concerning the monetary damages you should be entitled to. Instead of being simply one file out of many, you would have our full attention.

Elder Abuse

Putting a loved one in a nursing home or other care facility is not an easy choice. But, because of your loved one’s special needs, sometimes it is the only choice. When you are faced with putting your family member in a facility, it is not only a painful decision, but a costly one as well. Therefore, you expend a lot of time and effort in finding the right facility. Most family members are promised the best care and the type of care that is required to make sure their loved one’s needs are taken care of. Unfortunately, some facilities are just in the business of making money. To that end, they fail to provide not only the proper care needed for your loved one, but sometimes they fail to act at all or even engage in outright abuse. Such conduct is not tolerated in California where strong elder abuse protections safeguard your loved ones when they fall victim to neglect and abuse. No helpless elder should ever be exposed to such behavior.

While in law school, Ms. Dudensing worked with Ed Dudensing whose practice areas at the time were Personal Injury, Elder Abuse and Victims of Crime. In 2013, Ms. Dudensing began working with Christopher Buckley, where she began to learn Elder Abuse. While in practice with Mr. Buckley, the firm negotiated seven-figure settlements in Elder Abuse cases. Meanwhile, Ms. Kim worked with Ed Dudensing on an important Elder Abuse project. Ms. Dudensing and Ms. Kim once again found a mutual passion for another area of law – Elder Abuse. Because of this, they plan on taking what they have learned so far and using their combined skills to dedicate a portion of their practice to Elder Abuse. At Dudensing & Kim Law, LLP it is our goal to stop the acts of neglect and abuse toward elders in nursing homes and other facilities and to prosecute those who engage in such conduct.