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May 28, 2013: NHLP Submits Amicus Brief in Winterbower vs. Wells Fargo

On May 21, 2013, NHLP submitted an amicus brief on behalf of the Homeowner Bill of Rights Collaborative, the Law Foundation of Silicon Valley, Public Counsel, and Housing and Economic Rights Advocates.

In the case, Winterbower vs. Wells Fargo (C.D. Cal.), Wells Fargo maintains that any substantive requirement from the state’s foreclosure law, California’s Homeowner Bill of Rights (HBOR), is preempted and as such they are not in violation of noncompliance with the state law. However, in the amicus brief, we explain that HBOR is not preempted because it falls within the Office of the Comptroller of the Currency (OCC) regulation’s savings clause, which preserves state foreclosure laws.

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