§ 5.59.010. Definitions.

For purposes of this Chapter, the following terms and phrases shall have the meanings set forth herein, unless the context clearly indicates a different meaning. Singular references also include plural and derivative uses of defined terms where capitalized:

A.

Contract. Contract means any written agreement, or any term thereof, between a mortgage modification consultant and an owner for the rendition of any service as defined in this Section.

B.

Mortgage modification consultant.

1.

Mortgage modification consultant means any person who makes any solicitation, or offer to any owner to perform for compensation or who, for compensation, performs any service which the mortgage modification consultant in any manner represents will do any of the following:

a.

Contact or negotiate with any beneficiary or mortgagee for the purpose of modifying the interest rate, principal balance or terms of any loan prior to the recording of a notice of default;

b.

Prevent the recording of a notice of default;

c.

Obtain any forbearance from any beneficiary or mortgagee prior to the recording of a notice of default;

d.

Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a deed or trust or mortgage on a residence or contained in that deed of trust or mortgage prior to the recording of a notice of default;

e.

Assist an owner to obtain a loan or advance of funds to cure a mortgage default where the property is not the subject of a recorded notice of default;

f.

Avoid or ameliorate the impairment of an owner's credit resulting from the threatened recording of a notice of default;

g.

Save an owner's residence from a threatened foreclosure.

2.

Mortgage modification consultant does not include any person identified as exempt from the definition of "foreclosure consultant" by Section 2945.1(b) of the California Civil Code.

C.

Notice of default. Notice of default means a notice that is recorded pursuant to the provisions of California Civil Code Section 2924.

D.

Owner. Owner means the record title owner or owners of residential real property located in the City of Long Beach.

E.

Person. Person means any individual, partnership, corporation, limited liability company, association or other entity, however organized.

F.

Residence. Residence means residential real property, consisting of one (1) or more dwelling units, one (1) of which the owner or owners occupy as his or her principal place of residence, encumbered by a loan secured by a deed of trust, the terms of which the owner wishes to modify in order to reduce or fix the payments thereon, but is not the subject of a recorded notice of default.

G.

Service. Service means and includes, but is not limited to, any of the following:

1.

Debt, budget or financial counseling of any type;

2.

Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a lien on a residence but prior to the recording of a notice of default on the residence;

3.

Contacting creditors on behalf of an owner of a residence but prior to the recording of a notice of default on the residence;

4.

Arranging or attempting to arrange for an extension of the period within which the owner of a residence may cure his or her default prior to the recording of a notice of default;

5.

Advising the filing of any document or assisting in any manner in the preparation of any document for filing with any bankruptcy court on behalf of an owner of a residence;

6.

Giving any advice, explanation or instruction to an owner of a residence which in any manner relates to the cure of an existing or threatened default in, or in an obligation secured by a lien on, the owner's residence, or the postponement or avoidance of the recording of a notice of default for the owner's residence.

(ORD-09-0017, § 1, 2009)