Foreclosure Defense Pre-Foreclosure

Your Servicer Must Assign ONE Contact Person—Did They?

Getting bounced between departments? Told different things by different reps? California's Homeowner Bill of Rights requires a dedicated Single Point of Contact. That's the law—and if they violate it, you have a claim.

CC § 2923.7
Governing Statute
$50K+
Potential Damages
1 person
Or Small Team
Direct access
Required

What is a Single Point of Contact (SPOC)?

Under California Civil Code § 2923.7, when you request a foreclosure prevention alternative (like a loan modification), your servicer must assign a Single Point of Contact—one person or a small team who handles your case from start to finish.

This isn't just about convenience. Before HBOR, servicers routinely "lost" documents, gave contradictory information, and blamed the runaround on organizational complexity. The SPOC requirement was designed to end that chaos.

The Runaround Is Illegal

If you've been told "I can't help you, call this other department" repeatedly, or given conflicting information by different reps, your servicer is likely violating the SPOC requirement. Document every call.

What the SPOC Must Do

Your assigned SPOC (or SPOC team) must:

Common SPOC Violations

These are the patterns I see repeatedly in foreclosure cases. If any of these sound familiar, you may have a claim:

Violation No SPOC Assigned

You request a modification but no one tells you who your point of contact is. You call the general number every time and talk to whoever answers.

Violation SPOC Unavailable

They give you a name but the person never answers, never returns calls, and their voicemail is full. You can't actually reach them.

Violation Constant Transfers

Every call gets transferred 3-4 times. No one has your file, no one knows your status, and you have to re-explain everything each time.

Violation Contradictory Information

One rep says your application is complete. Another says you're missing documents. A third says you were denied weeks ago. No consistency.

Violation SPOC Has No Authority

Your "SPOC" can only read scripted responses and must escalate every question. They can't actually make decisions or stop anything.

Violation Lost Documents

You fax documents to your SPOC. They claim never received. You send again. "Not in system." This happens repeatedly.

How to Document SPOC Violations

If you want to pursue a claim, you need evidence. Here's how to build your case:

Keep a Call Log

After every call, write down:

Record Calls (If Legal)

California is a two-party consent state—you can't record without the other party's knowledge. However, when you call, the servicer's recording announces "this call may be recorded." When you hear that, state clearly: "I acknowledge this call is being recorded and I'm also recording." Now you can record.

Send Written Requests

Put key requests in writing via certified mail. Ask specifically:

Save All Documents

Every letter, email, fax confirmation, and notice. When documents "disappear," you can prove you sent them.

Sample SPOC Demand Letter

Send this when you're not getting proper SPOC service. It puts them on notice and creates a record of their failure.

[Your Name] [Your Address] [City, State ZIP] [Date] Via Certified Mail, Return Receipt Requested [Servicer Name] [Servicer Address] [City, State ZIP] Re: Demand for Single Point of Contact Under CC § 2923.7 Loan Number: [LOAN NUMBER] Property: [PROPERTY ADDRESS] Dear Sir or Madam: I am requesting a foreclosure prevention alternative (loan modification) for the above loan. Under California Civil Code § 2923.7, you are required to assign a Single Point of Contact (SPOC) to coordinate my loss mitigation application. CURRENT VIOLATIONS: Despite my requests, I have experienced the following: [Choose/modify applicable items:] - No SPOC has been assigned or identified to me - I have called [X] times and spoken to [X] different representatives - I have been transferred an average of [X] times per call - I have received contradictory information about my application status - My assigned SPOC ([NAME]) has not returned calls in over [X] days - Documents I submitted have been "lost" on [X] occasions DEMANDS: 1. Immediately assign a Single Point of Contact and provide their: - Full name - Direct phone number - Direct fax number - Email address 2. Confirm in writing that my SPOC has authority to: - Process my loss mitigation application - Stop foreclosure proceedings during my pending application - Coordinate all document collection 3. Ensure my SPOC returns calls within 1 business day Your failure to comply with the SPOC requirement violates the California Homeowner Bill of Rights. Under CC § 2924.12, I may be entitled to actual damages, statutory damages of $50,000 or more per violation, and attorney's fees. I expect your response within 5 business days. Sincerely, [Your Signature] [Your Printed Name] cc: California DFPI Consumer Services [Your Attorney, if applicable]

Damages You Can Recover

Under CC § 2924.12, if a servicer violates the SPOC requirement and you suffer harm, you may recover:

Before Foreclosure Sale

After Foreclosure Sale (If Sale Was Wrongful)

SPOC Violations Support Other Claims

Even if SPOC violations alone don't stop your foreclosure, they demonstrate servicer misconduct that strengthens dual-tracking claims, wrongful foreclosure suits, and settlement negotiations. Document everything.

Frequently Asked Questions

No—the statute allows for a "single point of contact" which can be a team. But the team must function as a unit: any team member should have access to your file, know your status, and be able to help you.

What's not acceptable is being transferred to random departments where no one knows your case. The "team" must actually coordinate.

The SPOC requirement is triggered when you request a "foreclosure prevention alternative"—which includes loan modification, forbearance, repayment plan, short sale, or deed-in-lieu.

Once you make that request, the servicer must assign the SPOC promptly. If you've asked for a modification and no one has identified themselves as your SPOC, that's a violation.

SPOCs can change—employees quit, get reassigned, etc. The issue is whether the transition is seamless. A new SPOC should have your complete file and know your application status without you starting over.

If you're told "your previous contact is no longer here and we have no record of your application," that's a serious violation.

Technically yes, but as a practical matter, SPOC violations are usually combined with other HBOR claims (dual tracking, failure to evaluate modification applications, etc.).

SPOC violations show a pattern of servicer misconduct that strengthens your overall case. They're evidence of systemic problems, not just isolated mistakes.

Yes. Federal RESPA has a "continuity of contact" requirement under 12 CFR 1024.40. It's similar to California's SPOC requirement but with different remedies.

In California, you can combine state HBOR claims with federal RESPA claims for maximum leverage.

$240 /hour

Servicer Giving You the Runaround?

SPOC violations are a sign of systemic problems. I can help you document the misconduct, demand compliance, and build a case for damages if they've harmed you.

owner@terms.law Discuss Your Case