Unlawful Detainers and Protection of Homeowners During Foreclosure

RESOLUTION 15-08.07

Unlawful Detainers and Protection of Homeowners During Foreclosure

WHEREAS access to shelter, clothing, food and water are basic human rights and the protection of the public is an ongoing concern for the Democratic Party; and

WHEREAS lenders have foreclosed on over 1 million homeowners without judicial oversight; and California summary Unlawful Detainer proceedings were not designed for homeowners, but with no other legislation many homeowners have been evicted under such rubric without preserving their due process rights; and

WHEREAS THE Office of Comptroller of Currency has repeatedly affirmed lenders have illegally foreclosed upon homeowners, yet California continues to allow foreclosures and evictions to occur without any judicial oversight;

THEREFORE BE IT RESOLVED THAT the California Democratic Party supports a (1) ban on the use of the Unlawful Detainer procedures against homeowners who were foreclosed on by their lender; and (2) prohibition of any lender, or other private party, or law enforcement officer from using force or the threat of force under color of law to evict an elderly, or disabled person (including those temporarily receiving home medical support or just being released from the hospital) as defined in California Health & Welfare statute section, even if litigation has concluded. Any such Writ of Possession from the court to the contrary, would be void as a matter of law; and

BE IT FURTHER RESOLVED that the California Democratic Party supports a private right of action by any individual to obtain a (1) restraining order and/or injunction prohibiting the ouster or quashing the court order, if any; (2) actual damages for any loss suffered including loss of consortium for family members; and (3) general damages for emotional distress. If no actual damages can be proven, the homeowner will be entitled to $50,000.00 per violation. If the displacement results in death, or death occurs within 6 months of the displacement of a disabled or elderly person, it shall be presumed that the displacement was a substantial factor in that person’s death and their heirs are entitled to $125,000.00 for wrongful death.

Sponsored by Bianca Barrientos, Ronald O’Donnell, and Jerrod Fish

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Adopted by the California Democratic Party
At its Summer/Fall 2015 E-board Meeting
Hyatt Regency
August 16, 2015

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