Concerning Civil Code 2945.1 (a) says a “foreclosure consultant” means any person who . . . . will do any of the following: (8) Save the owner’s residence from foreclosure." As an investor who is purchasing the property from a homewoner in default, am I acting as a “foreclosure consultant?”
I don’t believe so. While your purchase may stop the foreclosure I don’t believe that was the intent here. Plus that would put this law at odds with civil code 1695… but keep in mind that I’m not an attorney.
I am currently buying short sales and if I come upon a homeowner who is a potential shortsale situation, I start off by referring them to Hope Alliance and a local foreclosure consultant, who will give free advice and they are paid with government grant money.
I would advise doing the same in order to CYA. Never make any promises. if it comes down to he said, she said in court, they are going to almost always giver the benefit of the doubt to the seller and not the “big, bad investor”. I hope that helps.