California's Loan Modification Law
10085.6. (a) Notwithstanding any other provision of law, it shall be unlawful
for any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to
perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other
compensation paid by the borrower, to do any of the following:
(1) Claim, demand, charge, collect, or receive any compensation until after the licensee has
fully performed each and every service the licensee contracted to perform or represented that he, she, or it
would perform.
(2) Take any wage assignment, any lien of any type on real or personal property, or other
security to secure the payment of compensation.
(3) Take any power of attorney from the borrower for any purpose.
(b) A violation of this section by a natural person who is a licensee is a public offense
punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term
not to exceed one year, or by both that fine and imprisonment, or if by a corporation, the violation is punishable
by a fine not exceeding fifty thousand dollars ($50,000). These penalties are cumulative to any other remedies or
penalties provided by law.
(c) This section shall apply only to mortgages and deeds of trust secured by residential real
property containing four or fewer dwelling units.
(d) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.
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