California Foreclosure Defense
Facing Foreclosure is a troubling and difficult position to be in. Banks and Lenders are not helpful, and most companies that offer help are unreliable, dishonest, or just outright scammers.
Lenders will foreclose on your property if they believe they are not being paid. Often times, your loan will be sold or transferred to different companies. You may receive confusing instructions or given false promises. First, the lender is required to reach out to you if they claim you are in default. Next they record a Notice of Default. This is a public record, and when it happens, you will be bombarded by people who want to buy your house or scam you in some way. The Notice of Default never expires, and the lender can take the next step, filing a Notice of Trustee's Sale 90 days after recording the Notice of Default.
The Notice of Trustee's Sale alerts the homeowner and the public of where and when the Foreclosure Sale will take place. The lender is allowed to reschedule the sale without alerting you or telling you the new date. The Notice of Trustee's Sale will expire one year after the date of the originally scheduled sale date.
The California Homeowner's Bill of Rights was designed to protect homeowners and lays out requirements for how lenders must behave. When lenders violate these rules, a homeowner has a right to file a lawsuit that will stop the lender from foreclosing or allow a homeowner to recover monetary damages is a foreclosure has already occurred.
In California, the Foreclosure process can be confusing and frustrating. If you default on your mortgage, then the Lender is likely required to reach out to you to discuss options to avoid foreclosure. These options are generally:
1) reinstatement - where you pay all the missed payments and fees to get your loan back in good standing,
2) modification - where the lender will offer you new terms on your loan that allow you to get back in good standing if you qualify,
3) short-sale - where the bank agrees to sell the house and pay the bank less than you owe,
4) "cash for keys" - where the bank will offer you a relatively small payment to move out of your home and turn it over to the Bank, or, if all else fails,
5) foreclosure - where the court gives ownership of the home to the bank and takes away all of your rights, as well as causing great harm to your credit.
At the Law Office of Mike Chappars we help homeowners to get their best possible outcome when they are facing foreclosure. We can help you protect your rights an protect your home if the lender is violating the law. Call us today for a free consultation to see if we can help you to defend your rights and your home.