A notice of foreclosure from a lender can be devastating emotionally and can potentially be a financial burden that you may carry for the rest of your life. An experienced and successful foreclosure attorney can use the laws that exist concerning foreclosure to your advantage so that you can keep your home, preserve your good credit rating, and make sure that your ability to buy another home is not damaged by the actions of your lender.
California has enacted foreclosure laws that protect a person in danger of a foreclosure, to help homeowners to avoid losing their home. The law is referred to as SB900 and tells homeowners how to avoid foreclosure. The California foreclosure law limits what a lender can do to start the foreclosure process. Most homeowners need the help of a foreclosure lawyer to take full advantage of the foreclosure assistance that the law provides in California.
A mortgage foreclosure attorney can assess your particular situation and the actions that a lender has taken against you. Your foreclosure attorney can then provide you with options to stop a foreclosure immediately so that you can assess your situation, compare different methods of getting out from under the burden of a pending foreclosure, and determine how you can better manage your money so you are not threatened with foreclosure again.
An experienced and successful mortgage foreclosure attorney can stop a sale and save the home by either filing a bankruptcy or a lawsuit. The lender cannot proceed with a foreclosure as long as your foreclosure lawyer has filed the necessary documents for a bankruptcy or lawsuit against the lender.
Homeowners are strongly advised to keep every communication from a lender about a foreclosure and all the documents that show efforts to avoid a default and foreclosure. This means you keep every scrap of paper, all emails, and even record phone calls. The idea is that you have documents that will support your claim against the lender. The documents provide the evidence that a foreclosure lawyer needs to pursue your case.
Under the terms of SB900, when a borrower is seeking foreclosure assistance from the lender, the lender is not able to move forward with a foreclosure sale. Applying for a loan modification usually stops the lender from moving forward with a foreclosure in California under SB900. Even if you are turned down for a loan modification or denied for a short sale, you still have a minimum of 30 days in which your mortgage foreclosure attorney can demonstrate to the court and the lender that you are able to file an appeal. This gives you more time to seek other options or alternatives to foreclosure, such as a short sale. A short sale may be possible if the lender agrees to sell the property for less than the amount owed on the loan. The benefit of a short sale is that you come out of the process debt free.
If you believe that you have a claim for wrongful foreclosure against your lender, you should immediately call a mortgage foreclosure attorney. Filing a law suit against the lender for violation of the California foreclosure laws and protecting your rights immediately stops a foreclosure in most cases. Filing a bankruptcy will automatically stop a foreclosure if it is the first or second time filed. No matter what is happening, having a lawyer on your side will help to avoid a foreclosure. When a lender says that it will help, there is no guarantee that they will stop your sale and save your home. If you received a notice of default or notice of trustee sale, call and get free legal advice today from the legal team at Consumer Action Law Group. The call could save your home (818) 254-8413
