A servicer denies a first lien modification on 5 May and tells the borrower the decision is final. For a denial subject to section 2923.6, what appeal opportunity and foreclosure restriction apply?
Correct Answer
C) The borrower has 30 days to appeal, and no sale may run during that window
A borrower whose complete first lien application is denied has 30 days to appeal, and the servicer may not record a notice of sale or conduct a sale while the appeal period runs or an appeal is pending. Other choices: the appeal right exists; 7 days is not the period; and an appeal does not require new information, though it usually rests on some. Source: Cal. Civ. Code § 2923.6(d), (e)
Why This Is the Correct Answer
A borrower whose complete first lien application is denied has 30 days to appeal, and the servicer may not record a notice of sale or conduct a sale while the appeal period runs or an appeal is pending. Other choices: the appeal right exists; 7 days is not the period; and an appeal does not require new information, though it usually rests on some. Source: Cal. Civ. Code § 2923.6(d), (e)
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