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UNDER STATE OF CALIFORNIA LAW BELOW!

THIS DOCUMENT IS CURRENT THROUGH 2009-2010 EXTRAORDINARY

SESSIONS 1-5, ***
*** AND 7, AND URGENCY LEGISLATION THROUGH CH 8 OF THE 2010
REGULAR SESSION ***
*** AND CH 8 OF THE 2009-2010 8TH EXTRAORDINARY SESSION ***

CIVIL CODE
Division 3. Obligations
Part 2. Contracts
Title 5. Extinction of Contracts
Chapter 2.5. Home Equity Sales Contracts

GO TO CALIFORNIA CODES ARCHIVE DIRECTORY

Cal Civ Code § 1695 (2009)

§ 1695. Legislative findings and declarations; Intent and purposes of

chapter

(a) The Legislature finds and declares that homeowners whose residences
are in foreclosure have been subjected to fraud, deception, and unfair
dealing by home equity purchasers. The recent rapid escalation of home
values, particularly in the urban areas, has resulted in a significant increase in
home equities which are usually the greatest financial asset held by the
homeowners of this state. During the time period between the commencement of
foreclosure proceedings and the scheduled foreclosure sale date, homeowners
in financial distress, especially the poor, elderly, and financially unsophisticated,
are vulnerable to the importunities of equity purchasers who induce homeowners
to sell their homes for a small fraction of their fair market values through the use
of schemes which often involve oral and written misrepresentations, deceit,
intimidation, and other unreasonable commercial practices.

(b) The Legislature declares that it is the express policy of the state to preserve
and guard the precious asset of home equity, and the social as well as the
economic value of homeownership.
(c) The Legislature further finds that equity purchasers have a significant impact
upon the economy and well-being of this state and its local communities, and
therefore the provisions of this chapter are necessary to promote the public
welfare.

(d) The intent and purposes of this chapter are the following:

(1) To provide each homeowner with information necessary to make an informed

and intelligent decision regarding the sale of his or her home to an equity
purchaser; to require that the sales agreement be expressed in writing; to
safeguard the public against deceit and financial hardship; to insure, foster, and
encourage fair dealing in the sale and purchase of homes in foreclosure; to
prohibit representations that tend to mislead; to prohibit or restrict unfair contract
terms; to afford homeowners a reasonable and meaningful opportunity to rescind
sales to equity purchasers; and to preserve and protect home equities for the
homeowners of this state.

(2) This chapter shall be liberally construed to effectuate this intent and to
achieve these purposes.

History:

Added Stats 1979 ch 1029 § 1.

Collateral References:

Cal. Points & Authorities (Matthew Bender(R)) ch 121 "Interest" § 121.33.

4 Witkin Summary (10th ed) Security Transactions in Real Property §§ 222,

223, 224, 225.

Cal. Legal Forms, (Matthew Bender) §§ 23.11[3], 23.115, 23.137, 23.151,

23.211[1], 23.307[1], 23.308[1], 25D.28, 30D.10[1].

Hierarchy Notes:

Div. 3, Pt. 2, Tit. 5, Ch. 2.5 Note

LexisNexis 50 State Surveys, Legislation & Regulations

 Subprime & Predatory Lending

How to Demand a Jury Trial in Eviction

In the State of California we have the right to a jury trial in U.D. Evictions.

Both the landlord (bank) and the tenant (homeowners facing forclosure eviction)
have a right to a jury trial.

The side that wants the jury trial must file and serve to all parties a Notice of Jury
Fee deposit, and proof the document was served to all parties and pay the court
$150 for jury fees when the Notice of Jury Fee Deposit is filed.

If the tenant wants to have a jury trial and the landlord didn't ask for one, the
tenant has to file and serve the landlord with a Counter-Request. (form UD-150) or
file a pleading entitled Demand for a Jury Trial.(form available in NOLO tenant’s
rights book in the law library)

The procedures vary in different counties, and other States, so if you want a jury
trial make credtain you know what the next step is in your county. ( ask in the law
library)In some counties, there is mandatory settlement meeting before a jury trial.
Also, with a jury trial, you will need to timely file other forms like jury instructions,
and jury questions and verdict forms. Ask legal aid, self help center, or your local
law library for samples of these documents. Click here to find legal help