How do I legally cure a mortgage default to prevent foreclosure proceedings under the California Homeowner Bill of Rights?

To legally cure a mortgage default, you can either reinstate the loan by paying the past-due balance or obtain a loan modification, using protections from the California Homeowner Bill of Rights (HBOR) to halt foreclosure proceedings. Here is how to navigate the process: Step 1: Respond to Your Servicer Immediately Your loan servicer must try to contact you by phone or in person at least 30 days before filing a Notice of Default (Cal. Civ. Code § 2923.5). Do not ignore these communications. Respond immediately to discuss your situation and request foreclosure prevention alternatives. Step 2: Request a Single Point of Contact When you inquire about foreclosure alternatives, your servicer must assign you a single point of contact or a dedicated team (Cal. Civ. Code § 2924.11). All your future communications, document submissions, and questions should go through this contact to prevent confusion. Step 3: Submit a Complete Loan Modification Application If you cannot pay the full past-due amount, request a loan modification application from your single point of contact. Submitting a complete application before a Notice of Trustee's Sale is recorded prohibits the servicer from advancing the foreclosure process while your application is under review. This is the "dual tracking" prohibition (Cal. Civ. Code § 2923.6). Step 4: Reinstate the Loan If Possible Under California law, you have the right to reinstate your loan by paying the total past-due amount, including missed payments, late fees, and foreclosure costs, at any time up to five business days before a scheduled foreclosure sale (Cal. Civ. Code § 2924c). Contact your single point of contact to request an official reinstatement quote detailing the exact amount owed. Step 5: Pay the Reinstatement Amount Pay the exact amount from the reinstatement quote using certified funds, such as a cashier's check or wire transfer, as specified by your servicer. Keep a receipt or proof of payment. This action "cures" the default and stops the current foreclosure action. Important Details and Nuances: Reinstatement brings your loan current under its existing terms. A loan modification permanently changes your loan's terms (e.g., interest rate, principal balance). The dual-tracking protection only applies to a complete application; an incomplete one will not stop foreclosure. Warnings and Limitations: Strict deadlines apply. The right to reinstate your loan expires five business days before the sale date. If your loan modification is denied, the servicer can resume foreclosure after an appeal period (if applicable) has passed. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to understand your specific rights and options.