Loan Modification Guidelines in the Northern District of California

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 · The Boyko Decision –federal district judge Christopher Boyko of the Eastern Division of the Northern District of Ohio federal court overturns 14 foreclosure actions with a well reasoned opinion outlining the failure of the foreclosing party to prove standing. This decision started the movement of challenging the standing of the foreclosing party.

In Lueras, the Fourth District Court of Appeal reasoned that "a loan modification is the renegotiation of loan terms, which falls squarely within the scope of a lending institution’s conventional role as a lender of money."

California has had a slow recovery from the recession compounded by a lack of affordable housing. The state has some of the highest median home values in the country, as well as a high cost of living.

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 · Loan modification is a change made to the terms of an existing loan by a lender as a result of a borrower’s long-term inability to repay the loan. BREAKING DOWN ‘Loan Modification’. Loan modifications may occur with all types of loans however they are most common in secured loans.

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There is a proposal for new guidelines in the way lenders and servicers deal with borrowers throughout the foreclosure process. These new guidelines are designed to improve communication between lenders and borrowers to improve the rate of troubled borrowers receive a loan modification for their mortgage.

CALIFORNIA Opinion in Mabry v. Superior Court, No. 30-2009-003090696 (June 2, 2010) holding, inter alia, that Civil Code 2923.5 not preempted: Text of California Civil Code 2923.5 (90 day delay in foreclosing unless servicer has loan modification program that satisfies standards under statute).