In Re Phelps

In brief, petitioner Wallace Reed Phelps seeks relief from a conviction of violating provisions of the Home Equity Sales Contract Act. (Civ. Code, § 1695 et seq.) He argues that his conduct did not violate any law and that, accordingly, trial counsel rendered constitutionally defective assistance in permitting him to enter a guilty plea. We agree.

The facts are not in dispute. The purported victim, Maria Rocha, owned a single-family residence located on Pleasant Court in San Bernardino. The property was in foreclosure, and in March 1998 she moved out. In early June, she was contacted by petitioner Phelps and induced to enter into an agreement and transfer of the property which, but for one factor, we will assume violated the laws under which Phelps was later charged.

The People eventually filed an information alleging that Phelps had violated certain provisions of the laws governing “Home Equity Sales Contracts” and “Mortgage Foreclosure Consultants,” specifically sections 1695.6 and 2945.4, both felonies. The former set of enactments provides specific requirements governing contracts between “equity purchasers” and the sellers of “residences in foreclosure”; the latter…