Fee petition mechanics · Updated July 2026
California Home Equity Purchase Contracts Act attorney fee petition mechanics: home equity purchase contract execution date as primary Welch anchor, Civ. Code § 1695.7 mandatory attorney fees
California Home Equity Purchase Contracts Act civil enforcement (Civ. Code §§ 1695–1695.17; prohibits equity purchasers from acquiring distressed homeowners' residences in foreclosure without complete written disclosure, a 5-business-day right of rescission, and prohibition on deed transfer before the rescission period expires) solos billing hourly on mandatory attorney fees — in actions where the primary Welch temporal anchor is the DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION (the date the distressed homeowner-seller signed the home equity purchase contract with the equity purchaser [the investor/flipper who contracts to buy a home in foreclosure from the distressed owner]; this date is the ONLY primary anchor in the entire fee-petition-mechanics series in a DISTRESSED HOMEOWNER EQUITY PURCHASE CONTRACT DATE — a date set by the equity purchaser's own investor acquisition calendar, on which the equity purchaser's agent presented the contract and the distressed homeowner signed on the equity purchaser's own deal-sourcing and contracting schedule entirely outside the distressed homeowner-plaintiff attorney's scheduling control; Civ. Code § 1695.1(a) defines 'equity purchaser' as any person who acquires title to any residence in foreclosure from an equity seller; § 1695.1(b) defines 'equity seller' as the homeowner whose primary residence is in foreclosure; § 1695.2 required disclosures trigger at contract execution: the equity purchase contract must be written in the same language principally used by the equity purchaser in negotiations and must include [a] the name, business address, and telephone number of the equity purchaser; [b] the address of the residential property in foreclosure; [c] the total consideration to be paid to the equity seller; [d] a clear statement of the terms of payment and of any encumbrances or liens the equity purchaser is assuming or subject to; [e] a statement of the equity seller's 5-business-day right of rescission under § 1695.5; § 1695.5: the equity seller has the right to cancel the transaction at any time until midnight of the fifth business day following the day of signing — the right of rescission is triggered by the CONTRACT EXECUTION DATE [§ 1695.5(a)]; § 1695.5(b) requires the equity purchaser to furnish the equity seller with a notice of cancellation in the same language as the contract in the form prescribed by § 1695.5(b)(1)-(2); § 1695.6(a): the equity purchaser is prohibited from acquiring any interest in the equity seller's residence before the expiration of the § 1695.5 5-business-day right of rescission period — the rescission period starts from the CONTRACT EXECUTION DATE; § 1695.3 prohibited provisions: the equity purchase contract may not contain any provision that purports to [a] waive the equity seller's rights; [b] limit the equity purchaser's liability; [c] allow the equity purchaser to sue the equity seller in a location other than the county in which the property is located; [d] require the equity seller to execute a deed, mortgage, or other instrument in advance of the contract; [e] provide for a deed or conveyance of the residence before the expiration of the right of rescission; § 1695.4: an equity purchaser is prohibited from acquiring a deed or other instrument of conveyance until the § 1695.5 right of rescission period has expired; DISTINCT from Homeowner Bill of Rights [Civ. Code § 2924.12, tier_xx: HBOR primary anchor is the servicer's Notice of Default or Notice of Trustee's Sale — post-origination servicer conduct governing the foreclosure PROCESS ITSELF, not the equity purchase transaction that arises in response to the foreclosure]; DISTINCT from California Predatory Lending Law [Fin. Code § 4970, tier_kkk: high-cost mortgage LOAN ORIGINATION DATE at escrow closing — governs the original mortgage lender's conduct at loan origination, not the distressed homeowner's subsequent sale to an equity purchaser]; DISTINCT from Mortgage Foreclosure Consultant Act [Civ. Code § 2945.4: governs 'foreclosure consultants' who promise to stop the foreclosure process for a fee without actually purchasing the home — DISTINCT from equity purchasers who do purchase the home and take title]; § 1695.7: 'In any action brought pursuant to this chapter, the court shall award reasonable attorney's fees and costs to a prevailing seller' — MANDATORY attorney fees to prevailing SELLER [plaintiff-only: § 1695.7 does NOT award fees to a prevailing equity purchaser; no bilateral fee risk]; § 1695.11: three times the equity conveyed in violation of § 1695.4 if any deed was transferred before the rescission period expired; Ketchum v. Moses 24 Cal.4th 1122 (2001) Ketchum multiplier eligible in California Superior Court; Ketchum/Dague split: § 1695.7 California Superior Court Ketchum multiplier eligible vs. HOEPA/TILA 15 U.S.C. § 1640(a)(3) federal district court Dague no-multiplier [City of Burlington v. Dague 505 U.S. 557 (1992)]; Hensley task-level segregation required between California § 1695.7 hours and federal HOEPA/TILA § 1640(a)(3) hours; Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar from DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION; Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees) — generate three billing gaps driven by § 1695.2 required disclosure completeness analysis and § 1695.5 right of rescission timeline advisory and contract execution date documentation advisory calls on the equity purchaser's own investor acquisition calendar, the concurrent DRE broker licensing enforcement calendar and CFPB/HUD RESPA predatory lending calendar and California AG UCL equity rescue enforcement calendar, and the § 1695.7 mandatory attorney fee petition and § 1695.11 three-times equity conveyed calculation and Ketchum/Dague split Hensley segregation advisory calls: § 1695.2 required disclosure completeness analysis and § 1695.5 right of rescission timeline advisory and contract execution date documentation advisory calls (7 clients × 2 calls × 42 min × 55% untracked ≈ 5.39 hrs = $1,617–$2,695/year at $300–$500/hr), DRE broker licensing enforcement calendar and CFPB/HUD RESPA predatory equity purchase calendar and California AG UCL equity rescue enforcement calendar concurrent calendar advisory calls (6 clients × 3 calls × 44 min × 55% ≈ 7.26 hrs = $2,178–$3,630/year), and § 1695.7 mandatory attorney fee petition and § 1695.11 three-times equity conveyed calculation and Ketchum/Dague split fee petition strategy and Hensley task-level segregation advisory calls (5 clients × 2 calls × 44 min × 55% ≈ 4.03 hrs = $1,210–$2,017/year). For a solo California § 1695 home equity purchase contract enforcement practice, the annual billing gap from advisory call underlogging is $5,005–$8,342.
TL;DR
ClaimHour captures every § 1695.2 required disclosure completeness and § 1695.5 right of rescission timeline and contract execution date documentation advisory call that starts the § 1695.7 fee documentation period from the DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION, every concurrent DRE broker licensing enforcement calendar and CFPB/HUD RESPA predatory lending calendar and California AG UCL equity rescue enforcement calendar advisory call on external proceedings calendars entirely outside the attorney's scheduling control, and every § 1695.7 mandatory attorney fee petition and § 1695.11 three-times equity conveyed calculation and Ketchum multiplier and Hensley segregation advisory call on the post-judgment fee petition calendar — passively, no timer, no audio, no call contents. $29–$59/mo. No PMS required.
§ 1695.2 required disclosure completeness analysis and § 1695.5 right of rescission timeline advisory and contract execution date documentation: calls on the equity purchaser's investor acquisition calendar
The DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION — the date the distressed homeowner-seller signed the home equity purchase contract presented by the equity purchaser or the equity purchaser's agent — is the primary Welch temporal anchor for § 1695.7 attorney fee billing documentation. This date is the ONLY primary anchor in the fee-petition-mechanics series in a DISTRESSED HOMEOWNER EQUITY PURCHASE CONTRACT DATE. It is the Hensley lodestar start for three reasons: (1) § 1695.5 right of rescission trigger: the 5-business-day cancellation window under § 1695.5(a) runs from the CONTRACT EXECUTION DATE — whether the equity purchaser violated § 1695.6(a) by acquiring an interest before the rescission period expired, and whether the equity purchaser violated § 1695.4 by accepting a deed before the rescission period expired, are both measured from the contract execution date; the § 1695.11 three-times equity conveyed damages calculation is triggered only if a deed or conveyance was obtained in violation of § 1695.4, and the predicate violation of § 1695.4 is itself measured against the § 1695.5 rescission period start date — the CONTRACT EXECUTION DATE; (2) § 1695.2 disclosure completeness obligation trigger: all mandatory disclosures in the written equity purchase contract must be present at execution — the absence of any § 1695.2(a)-(e) required element is a violation measurable only against the contract document presented and executed on the CONTRACT EXECUTION DATE; language compliance under § 1695.2 (contract must be in the same language principally used in negotiations) is also assessed as of the execution date; (3) § 1695.7 mandatory fee petition: the Hensley lodestar must cover all advisory hours from the contract execution date through rescission period monitoring, § 1695.3 prohibited provisions review, § 1695.4 deed transfer analysis, litigation, and fee petition.
Three initial advisory call types generate untracked billing from the contract execution date: (1) § 1695.2 required disclosure completeness checklist and contract execution date documentation advisory — arrives when the distressed homeowner retains § 1695 enforcement counsel (§ 1695.2 checklist review: the attorney reviews each required disclosure element against the equity purchase contract document: [a] equity purchaser identification: does the contract include the full name, business address, and telephone number of the equity purchaser as required by § 1695.2(a)? If the equity purchase was conducted through a nominee or shell entity, is the equity purchaser's principal identified?; [b] property address: does the contract correctly identify the address of the residential property in foreclosure under § 1695.2(b)? If the property address is incorrect or incomplete, is the contract void as failing to identify the subject property?; [c] total consideration: does the contract state the total consideration to be paid to the equity seller under § 1695.2(c)? If the consideration is expressed as a net figure after deduction of assumed encumbrances or closing costs — rather than a gross total consideration — does the contract meet the § 1695.2(c) 'total consideration' standard?; [d] terms of payment and encumbrances: does the contract provide a clear statement of the terms of payment and of any encumbrances or liens the equity purchaser is assuming or subject to under § 1695.2(d)? If the equity purchaser is taking subject to the first trust deed and assuming back taxes, are each of those obligations itemized?; [e] right of rescission notice: does the contract include a statement of the equity seller's 5-business-day right of rescission under § 1695.5 as required by § 1695.2(e)?; § 1695.5(b) rescission notice form: did the equity purchaser furnish the equity seller with a separate notice of cancellation in the required form — in the same language as the contract — as required by § 1695.5(b)? If the notice was not furnished at time of contract execution, the § 1695.5 right of rescission may be extended; language compliance: if the equity purchaser's agent negotiated entirely in Spanish but the contract was written in English, the contract violates § 1695.2's language requirement; § 1695.3 prohibited provisions review: does the contract contain any of the prohibited provisions listed in § 1695.3(a)-(e) — waiver of seller's rights; limitation of purchaser's liability; venue provision requiring suit outside the county of the property; requirement to execute a deed before expiration of rescission period; or provision for deed conveyance before rescission expiration?; 42–48 min per call); (2) § 1695.5 right of rescission timeline and § 1695.4 deed transfer analysis advisory — arrives when building the case (§ 1695.5 rescission period calculation: the 5-business-day window begins at midnight of the CONTRACT EXECUTION DATE [§ 1695.5(a)]; 'business day' for § 1695.5 purposes means any calendar day except Sundays and federal public holidays [Civ. Code § 9]; if the equity purchaser obtained a deed or quitclaim deed within the 5-business-day rescission window, § 1695.4 was violated; § 1695.4 violation analysis: was any deed, mortgage, or other instrument of conveyance obtained before the § 1695.5 rescission period expired? If so, what equity did the seller convey? The three-times equity conveyed multiplier under § 1695.11 is applied to the equity conveyed in the transaction that violated § 1695.4 — requiring calculation of the property's fair market value at time of contract execution, the outstanding liens and encumbrances, and the net equity conveyed to or for the benefit of the equity purchaser; escrow and title records: to establish the CONTRACT EXECUTION DATE and the deed recording date, the attorney must obtain: [a] the original equity purchase contract showing the signature date; [b] the county recorder's official recording date for the grant deed or quitclaim deed; [c] escrow instructions and escrow closing disclosure; [d] any notarial acknowledgment of the deed showing the date of notarization; the gap between the contract execution date and the deed recording date — if less than 5 business days — establishes the § 1695.4 violation; § 1695.6(b): if the equity purchaser has not given the equity seller the required notice of cancellation or has not allowed the equity seller to exercise the right of rescission, the equity seller's right of rescission may be extended for a period of 2 years from the date of conveyance; 2-year extended rescission period significance: if the distressed homeowner did not receive the § 1695.5(b) cancellation notice, the 2-year extended rescission window under § 1695.6(b) may still be open even years after the contract execution date; 42–48 min per call); (3) § 1695 violation documentation and § 1695.11 three-times equity damages calculation advisory — arrives when assessing the equity purchase transaction (§ 1695 violation types: [a] § 1695.2 disclosure defect: failure to include any required written disclosure element at contract execution; [b] § 1695.3 prohibited provision: inclusion of any waiver, liability limitation, improper venue clause, or pre-rescission deed requirement; [c] § 1695.4 pre-rescission deed conveyance: recording a deed before the 5-business-day rescission period expired from the CONTRACT EXECUTION DATE; [d] § 1695.5(b) notice defect: failure to furnish the required cancellation notice form in the same language as the contract; [e] § 1695.6(a) prohibited acquisition: acquiring any interest — even a mortgage or option — before the rescission period expired; § 1695.11 three-times equity conveyed calculation: if § 1695.4 was violated [deed transferred before rescission expired], the equity purchaser is liable to the seller for an amount equal to three times the equity seller conveyed; equity conveyed = fair market value at the time of transfer minus total outstanding liens and encumbrances minus the consideration paid to the seller; appraisal advisory: the attorney must advise the client whether to obtain a retrospective appraisal of the property as of the CONTRACT EXECUTION DATE to establish the fair market value for the § 1695.11 calculation; § 1695.9: any waiver of the provisions of Civ. Code §§ 1695–1695.17 is void; § 1695.10: the provisions of §§ 1695–1695.17 are not exclusive and do not limit any other rights or remedies the equity seller may have under any other provision of law; Civ. Code § 1695.13: it is unlawful for any person to induce an equity seller to sign any instrument under any misrepresentation of its terms; 42–48 min per call). At 55% untracked: 7 clients × 2 calls × 42 min × 55% = 323.4 min / 60 = 5.39 hours = $1,617–$2,695/year at $300–$500/hr.
DRE broker licensing enforcement calendar and CFPB/HUD RESPA predatory lending calendar and California AG UCL equity rescue enforcement concurrent calendar: calls on the external proceedings calendars
A California Home Equity Purchase Contracts Act case typically involves three concurrent external proceedings calendars that run entirely outside the distressed homeowner plaintiff attorney's scheduling control: the California DRE broker licensing enforcement calendar [for equity purchasers operating through licensed real estate brokers or agents subject to DRE jurisdiction], the CFPB/HUD RESPA predatory equity purchase enforcement calendar [for related mortgage servicing violations by the foreclosing lender or servicer], and the California AG UCL equity rescue enforcement calendar [for equity purchaser networks that systematically violated §§ 1695–1695.17 at scale]. The DRE enforcement calendar runs on DRE's own administrative calendar through OAH proceedings. The CFPB and HUD enforcement calendars run on the CFPB's own supervisory and enforcement timeline and HUD's own docket. The California AG enforcement calendar runs on the AG's own investigation and litigation schedule. Each calendar generates advisory calls the plaintiff attorney cannot schedule. Ketchum v. Moses 24 Cal.4th 1122 (2001). PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000). Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar from contract execution date. Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees.
Three concurrent external proceedings calendar advisory call types generate untracked billing: (1) DRE broker licensing enforcement calendar advisory — the most significant state administrative enforcement calendar in § 1695 practice (DRE jurisdiction over equity purchasers: home equity purchasers who operate through licensed real estate brokers or agents are subject to DRE oversight under Bus. & Prof. Code §§ 10000 et seq.; a real estate broker who facilitates an equity purchase transaction that violates §§ 1695–1695.17 has engaged in acts constituting grounds for license revocation under Bus. & Prof. Code § 10177 [fraud, dishonest dealing, material misrepresentation]; DRE Commissioner's desist and refrain order: DRE may issue a desist and refrain order against an equity purchaser's broker or agent for ongoing violations of § 1695 under Bus. & Prof. Code § 10086; DRE OAH hearing on broker license revocation or suspension: DRE files an accusation at OAH → OAH assigns an ALJ → ALJ schedules the hearing on OAH's own calendar [6–18 months after DRE filing] → ALJ issues proposed decision → DRE adopts or modifies proposed decision; DRE OAH calendar runs entirely outside plaintiff attorney's scheduling control; DRE forensic accounting and transaction records: DRE investigations of foreclosure rescue schemes examine all equity purchase transactions conducted by the licensee — the DRE investigation file may contain executed equity purchase contracts, DRE examination of § 1695.2 disclosure compliance, and records of the equity purchaser's pattern of pre-rescission deed recordings in violation of § 1695.4; DRE enforcement records are public and may be subpoenable in the plaintiff's civil action as evidence of the equity purchaser's pattern and practice; DRE consent orders against equity purchasers' brokers establish that the equity purchaser knew of § 1695 requirements — highly relevant to the Ketchum multiplier analysis [defendant or its agent knew of prohibited conduct, acted willfully or with conscious disregard]; 44–50 min per call); (2) CFPB/HUD RESPA predatory equity purchase enforcement calendar advisory — arrives when the foreclosing lender or servicer is implicated (CFPB supervisory authority over mortgage servicers: many § 1695 equity purchase transactions arise in the context of a foreclosure being processed by a regulated mortgage servicer subject to CFPB oversight; CFPB examinations of mortgage servicers for RESPA § 6 Qualified Written Request [QWR] violations and HOEPA § 1639h prohibitions on negative equity transactions run on CFPB's own supervisory calendar entirely outside plaintiff attorney's scheduling control; HUD/CFPB enforcement of RESPA § 8 anti-kickback prohibition: if the equity purchaser or equity purchaser's agent paid or received referral fees or kickbacks from settlement service providers [escrow companies, title insurers, notary services] involved in the equity purchase transaction, HUD and the CFPB may investigate under RESPA § 8 [12 U.S.C. § 2607]; RESPA § 8 kickback investigation calendar runs on the CFPB's own docket entirely outside plaintiff attorney's scheduling control; CFPB enforcement actions against mortgage servicers for HOEPA violations related to home equity transactions generate public consent orders that establish industry-wide practices and the servicer defendant's prior knowledge of prohibited conduct — relevant to the Ketchum multiplier; Ketchum/Dague split advisory: § 1695.7 California Superior Court Ketchum multiplier eligible vs. HOEPA/TILA § 1640(a)(3) federal district court Dague no-multiplier [City of Burlington v. Dague 505 U.S. 557 (1992)]; Hensley task-level segregation required between California § 1695.7 hours [state court lodestar from contract execution date] and concurrent HOEPA/TILA § 1640(a)(3) hours [federal court; no multiplier]; hours advising on CFPB/HUD RESPA federal regulatory compliance must be segregated from California § 1695 compliance hours; 44–50 min per call); (3) California AG UCL equity rescue enforcement calendar advisory — arrives when systemic equity purchaser violations are identified (California AG UCL § 17200 authority against equity purchaser networks: the California AG may file a UCL § 17200 unfair business practices action against equity purchaser networks that systematically violated §§ 1695–1695.17; UCL injunctive relief + civil penalties: § 17206 $2,500/violation; AG restitution order requiring disgorgement of equity conveyed in violation of § 1695.4; California AG has previously brought UCL actions against equity purchaser networks for systematically recording deeds before the § 1695.5 rescission period expired and for omitting required § 1695.2 disclosures; AG enforcement calendar runs entirely on AG's own investigation and litigation schedule; AG consent judgments against equity purchaser networks: a prior AG consent judgment establishing that the defendant equity purchaser routinely violated § 1695.4 by recording deeds within the rescission period is admissible evidence of systemic practice and is highly relevant to the Ketchum multiplier analysis; CalHFA Mortgage Relief Program coordination: the California Housing Finance Agency also operates a Mortgage Relief Program for distressed homeowners that may coordinate with the AG's enforcement unit — CalHFA program participation records may reflect the distressed homeowner's financial circumstances at the time of the equity purchase, corroborating the equity seller's vulnerability to the § 1695.13 misrepresentation claims; AG calendar runs entirely outside plaintiff attorney's scheduling control; § 1021.5 private attorney general three-prong analysis: when the § 1695 plaintiff proves systemic violations affecting a class of distressed homeowners [significant public benefit — protection of homeowners in foreclosure from predatory equity purchasers], necessity and financial burden on private enforcement [distressed homeowners have no financial resources to self-fund litigation], and that private enforcement is essential [AG resources limited and focused on network-level actors]; 44–50 min per call). At 55% untracked: 6 clients × 3 calls × 44 min × 55% = 435.6 min / 60 = 7.26 hours = $2,178–$3,630/year at $300–$500/hr.
§ 1695.7 mandatory attorney fee petition and § 1695.11 three-times equity conveyed calculation and Ketchum/Dague split Hensley segregation advisory: calls on the post-judgment fee petition calendar
Civ. Code § 1695.7 provides mandatory attorney fees to the prevailing seller: 'In any action brought pursuant to this chapter, the court shall award reasonable attorney's fees and costs to a prevailing seller.' The § 1695.7 fee provision is seller-plaintiff-only mandatory — the defendant equity purchaser is NOT entitled to attorney fees if it prevails [no bilateral fee risk]; this is DISTINCT from bilateral fee statutes like Civ. Code § 789.3(c) [tier_jjj] and Davis-Stirling Act § 5145 [tier_kkk]. The § 1695.7 fee petition requires a Hensley lodestar from the DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION through rescission period monitoring, § 1695.3 prohibited provisions analysis, § 1695.4 deed transfer investigation, DRE/CFPB/AG concurrent enforcement monitoring, litigation, and fee petition. Civ. Code § 1695.11 additionally provides for three times the equity conveyed in violation of § 1695.4 — the § 1695.11 three-times equity conveyed multiplier is a separate statutory damages calculation that coexists with the § 1695.7 attorney fee award; the § 1695.11 damages calculation requires a retrospective appraisal advisory that is itself a separately billable advisory component. Ketchum v. Moses 24 Cal.4th 1122 (2001). PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000). Hensley v. Eckerhart 461 U.S. 424 (1983). Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees.
Two § 1695.7 post-judgment advisory call types generate untracked billing: (1) § 1695.7 mandatory fee petition component assembly and § 1695.11 three-times equity conveyed damages calculation advisory — arrives at judgment (§ 1695.7 fee petition components: [a] § 1695.2 required disclosure completeness checklist and contract execution date documentation advisory hours [from contract execution date — the Hensley lodestar start]; [b] § 1695.5 right of rescission timeline and § 1695.4 deed transfer analysis advisory hours; [c] § 1695 violation documentation and § 1695.11 three-times equity conveyed damages calculation advisory hours; [d] DRE broker licensing enforcement calendar monitoring hours; [e] CFPB/HUD RESPA predatory equity purchase calendar monitoring hours [Hensley segregation: California § 1695.7 hours vs. federal HOEPA/TILA § 1640(a)(3) hours]; [f] California AG UCL equity rescue enforcement monitoring hours; [g] § 1021.5 private attorney general fee petition hours [if pleaded and applicable]; § 1695.11 three-times equity conveyed calculation: actual damages = fair market value of property at time of conveyance minus outstanding liens and encumbrances minus consideration paid to seller; × 3 = § 1695.11 statutory multiplier; appraisal and lien payoff documentation must be assembled as part of the damages component of the fee petition presentation; § 1695.9 void waiver: any attempt by the equity purchaser to include in the contract a waiver of § 1695 rights is void — if the equity purchase contract contained a purported waiver, the waiver itself is a separate § 1695.3 and § 1695.9 violation, and the time spent analyzing the waiver clause is compensable in the fee petition; § 1695.10 cumulative remedies: the § 1695.7 fee award supplements any other remedies the equity seller may have — including common law fraud, constructive fraud, breach of fiduciary duty, elder financial abuse under Welf. & Inst. Code § 15610.30 [if the equity seller was a senior citizen], and UCL § 17200 restitution; attorney hours on these supplemental claims must be assessed for Hensley segregation — whether supplemental claims are 'inextricably intertwined' with the § 1695 claim [Hensley 461 U.S. at 435] or require task-level segregation; 44–50 min per call); (2) Ketchum multiplier analysis and Ketchum/Dague split Hensley segregation advisory — arrives at fee petition (Ketchum five-factor multiplier for California § 1695.7 fee petition in California Superior Court: [a] right of rescission notice defect uncertainty — whether the equity purchaser's § 1695.5(b) rescission notice was compliant with the required form was unknown at contract execution; if the notice was noncompliant, the § 1695.6(b) extended 2-year rescission window may be open, which affects the scope of the § 1695.11 equity conveyed calculation; [b] disclosure completeness uncertainty — whether the § 1695.2 required disclosures were complete and in the required language was unknown at inception; a language violation [contract in English where negotiations were in Spanish] may independently void the contract; [c] three-times equity conveyed damages uncertainty — the amount of equity conveyed in violation of § 1695.4 [if any deed was transferred before the rescission period expired] was unknown at inception and required retrospective appraisal and lien payoff research; [d] § 1695.11 damages accrual scope — the full scope of equity conveyed includes any encumbrances assumed and any side transactions [e.g., a simultaneous sale-leaseback arrangement] — total damages unknown at inception; [e] DRE/CFPB/AG concurrent enforcement calendar uncertainty — timing and outcome of three parallel enforcement proceedings entirely outside counsel's control; Ketchum/Dague split: § 1695.7 California Superior Court Ketchum multiplier eligible vs. HOEPA/TILA 15 U.S.C. § 1640(a)(3) federal district court Dague no-multiplier [City of Burlington v. Dague 505 U.S. 557 (1992)]; when both § 1695.7 and HOEPA/TILA § 1640(a)(3) are brought together in federal court under 28 U.S.C. § 1367 supplemental jurisdiction, Dague applies to both fee petitions and the Ketchum multiplier is lost in federal forum; California § 1695.7 hours exclusively state-court eligible for Ketchum multiplier must be segregated from concurrent HOEPA/TILA § 1640(a)(3) hours at the task level [Hensley 461 U.S. at 434-435]; hours advising on CFPB/HUD RESPA federal regulatory proceedings must be segregated from hours on California DRE state administrative proceedings; PLCM Group 22 Cal.4th 1084 (2000) prevailing market rate for California distressed homeowner enforcement practice; Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees; 44–50 min per call). At 55% untracked: 5 clients × 2 calls × 44 min × 55% = 242 min / 60 = 4.03 hours = $1,210–$2,017/year at $300–$500/hr.
How ClaimHour fits California Home Equity Purchase Contracts Act § 1695.7 practice
California Home Equity Purchase Contracts Act § 1695.7 solos billing hourly on mandatory attorney fees — with § 1695.2 required disclosure completeness and § 1695.5 right of rescission timeline and contract execution date documentation advisory calls arriving when distressed homeowners retain § 1695 enforcement counsel (DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION = primary Welch anchor; the ONLY primary anchor in the fee-petition-mechanics series in a DISTRESSED HOMEOWNER EQUITY PURCHASE CONTRACT DATE — a date set by the equity purchaser's own investor acquisition calendar entirely outside the distressed homeowner-plaintiff attorney's scheduling control; § 1695.2 required disclosures; § 1695.5 5-business-day right of rescission triggered by contract execution date; § 1695.4 prohibition on pre-rescission deed transfer; § 1695.7 mandatory attorney fees to prevailing seller; § 1695.11 three-times equity conveyed in violation of § 1695.4; no bilateral fee risk), DRE broker licensing enforcement calendar advisory calls on DRE's own OAH administrative calendar entirely outside plaintiff attorney's scheduling control, CFPB/HUD RESPA predatory equity purchase enforcement calendar advisory calls on the CFPB's own supervisory and enforcement timeline entirely outside plaintiff attorney's scheduling control, California AG UCL equity rescue enforcement calendar advisory calls on the AG's own investigation timeline entirely outside plaintiff attorney's scheduling control, and § 1695.7 mandatory attorney fee petition and § 1695.11 three-times equity conveyed calculation and Ketchum/Dague split fee petition strategy and Hensley task-level segregation advisory calls arriving at judgment — and if your § 1695.7 lodestar documentation must satisfy the Hensley contemporaneous-record standard from the DATE OF HOME EQUITY PURCHASE CONTRACT EXECUTION through rescission period monitoring, § 1695.4 deed transfer investigation, DRE/CFPB/AG concurrent enforcement monitoring, litigation, and fee petition, ClaimHour was built for that gap.