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Governor Jerry Brown recently signed into law the Homeowner Bill of Rights to help struggling Californians keep their homes. This law’s objective is to avoid foreclosure whenever possible and prevent other negative effects of foreclosures on families, communities and the economy. This law will generally come into effect on January 1, 2013 and only pertains to first trust deeds secured by owner-occupied properties with one-to-four residential units, unless otherwise indicated. Some of the requirements of this law do not apply to smaller banks that, during the preceding annual reporting period, foreclosed on 175 or fewer properties with one-to-four residential units (CC2924.18(b)).

The full text of this law, also known as Assembly Bill 278 and Senate Bill 900, is available at www.leginfo.ca.gov.

In summary, the new law prohibits lenders from engaging in dual tracking, requires a single point of contact for borrowers seeking foreclosure prevention alternatives, and provides borrowers with the right to sue lenders for material violations of this law.  

A few highlights:

–          Cancelling a Pending Trustee’s Sale: A mortgage servicer must rescind or cancel any pending trustee’s sale if a short sale has been approved by all parties and proof of funds/financing  has been provided;

–          No Late Fees/Application Fees: A mortgage servicer cannot collect any late fees while a complete first lien loan modification application is under consideration, a denial is being appealed, the borrower is making timely modification payments, or a foreclosure prevention alternative is being evaluated or exercised;

–          Binding if Loan is Transferred: Any written approval for a foreclosure prevention alternative shall be honored by a subsequent mortgage servicer in the event the borrower’s loan is transferred or sold.

Please visit. www.leginfo.ca.gov to view the full text of the new law.

Q. What is workers’ compensation?

A. Workers’ compensation is benefits that your employer is required by law to pay for if you have a work-related injury or illness. There are two main types of injuries:

1. One accident/event at work. This could include hurting your back in a fall or burning yourself while on the job.

2. Repeated exposures at work. This could include losing hearing due to perpetual loud noise or hurting your elbow from repeated motions.

Q. What should I do if I hurt myself while on the job?

A. First, report the injury to your employer immediately. If this injury has occurred due to repeated exposure, report it to your employer as soon as you learn/suspect if was caused by your job. Prompt reporting helps avoid frustrating delays in receiving benefits.

NOTE: If your employee is not notified within 30 days of the injury, this hinders your employer’s ability to fully investigate the claim and could result in lost rights to receive workers’ compensation benefits.

Second, if emergency treatment is required, get it! Be sure to tell your health care provider that this is a work related injury or illness.

Third, fill out a claim form (DWC 1) and give it to your employer. Your employer is required to give you this form within one working day after being notified of the injury or illness. This form opens your workers’ compensation case and is used to request workers’ compensation benefits.

Q. What types of benefits am I entitled to?

A. There are five basic benefits that workers’ compensation provides:

1. Medical care: Paid for by employer to help your recover from job-related injury or illness

2. Temporary disability benefits: Payments for lost wages if you are unable to do your usual job while recovering

3. Permanent disability benefits: Payments in you are unable to recover completely

4. Supplemental job displacement benefits: Vouchers to assist in payment for skill enhancement or retraining if you are unable to recover completely and don’t return to work for your employer.

5. Death benefits: Payments given to spouse, children or other dependants if you die due to a work related injury or illness

Q. My employer is asking to take part of my check to pay for workers’ compensation insurance? Can they do this?

A. No! An employer cannot request that you help pay the insurance premium. All employers are required to have workers’ compensation insurance. It is a portion of the price of doing business.

Q. Can my employer fire me because of my injury?

A. It is illegal for an employer to fire your or punish you in any way for having a work related injury or illness. It is also illegal for an employer to penalize you for filing a workers’ compensation claim.

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The laws that govern the workers’ compensation system can be confusing. Retaining an experienced attorney who knows and works with the laws on a regular basis can result in a much less stressful experience.

If you have a work-related accident or illness and would like to discuss your case with a competent workers’ compensation attorney, please call the SBCBA Lawyer Referral Service at (805) 569-9400.

If a resident of California dies without a will or trust, this means that they die "intestate." Because the person did not leave instructions regarding how they wished their property to be divided, the laws of intestate succession determine who will inherit the estate.

The rules regarding intestacy laws are generally as follows:

1) If there is a surviving spouse and no children –> surviving spouse takes the entire estate

2) If there are children but no surviving spouse –> children take entire estate

3) If there are children and a surviving spouse –> surviving spouse takes one half of the estate, children split the second half of the estate

4) If there is no surviving spouse and no children –> parents take the estate

5) If there are no parents –> siblings and their children take the estate

6) If there are no siblings or their descendants –> grandparents and their children take the estate

7) If there are no grandparents or their descendants –> next of kin takes the estate

8) If there is no next of kin –> deceased spouses parents and their descendants take the estate

9) Lastly, if no heirs can be found, your estate will escheat. This means that the estate passes to the CA government!

The rules of intestacy are not perfect and many times they do not reflect the wishes of the deceased. These rules, among other things, ignore strained family relationships and prohibit long-term domestic partners from inheritance.

The only way to make sure that your estate is distributed according to your wishes, to the people you love, is to create a will or trust!

To be referred to an experienced estate planning attorney, and begin the process of making a will or trust, call the SBCBA Lawyer Referral Service! (805) 569-9400.

Check out the attached flyer to see if you qualify for a 50% reduction of the amount owed in traffic tickets! This program is run through the Santa Barbara Courthouse and will be available through June 30, 2012.

If you, or someone you know, needs legal assistance with a traffic matter, call the SBCBA Lawyer Referral Service today! We will help find a qualified attorney in Santa Barbara County to protect your interests. (805) 569-9400 or visit https://sblaw.org/need-a-lawyer/lawyer-referral-service.