2013-01-25 —

I've written more about California's law known as SB 94 than anyone else by far. In case you need a quick refresher, SB 94 was intended to prevent both attorneys and Department of Real Estate ("DRE") licensees from charging advance fees in connection with providing loan modification services. It was signed by the governor in the fall of 2009.

The current controversy surrounding SB 94, however, began in the fall of 2011 when an attorney working for the State Bar, Suzan Anderson, told an audience at the State Bar's annual meeting that the Bar would now be interpreting SB 94 to prohibit attorneys from being paid until the end of the loan modification process.

The problem with this "interpretation" by the Bar was two-fold.

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