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California Foreclosure Questions & Answers
1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for California on
Q: What makes a loan document void
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 4, 2022

This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.

There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender...
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1 Answer | Asked in Foreclosure for California on
Q: can your bank send you out a loan modification package after they sold your house?

I had a loan mod approved bank called me back to remove ex husbands name said i would get updated package never got callwd and emailed dozens of x never told buy 1 person in bank my house was in foreclosure they finally said they found my modification and would fedex it out they did but then i... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 20, 2021

you need a full detailed consultation with an attorney that has experience in mortgage litigation. there are too many facts missing and the attorney would need a timeline and all documents you have.

1 Answer | Asked in Foreclosure for California on
Q: My house was auctioned off due to foreclosure. My name was not on the mortgage? Would I qualify as a eligible bidder?

The mortgage was in my ex brother in law's name. Before he passed away he deeded the house to me. Would I qualify as a eligible bidder or eligible tent buyer?

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

no. if you are on title to the property, you would not be able to bid at auction. the post is a little confusing because you say the "house was auctioned off" which implies it was already foreclosed upon so it's not clear how you would be able to bid on anything at this point.... Read more »

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Civil Rights for California on
Q: covid: I pro per-no friend come with but plaintiff+lawyer allowed @hearing: now 2 declarations to my 1= viol of rights?

In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.

Furthermore, there is insufficient information about what the result of the...
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1 Answer | Asked in Foreclosure for California on
Q: HOA is trying to foreclose on my home and has been avoiding my house because of non payment what are my options

i hadnt paid for sometime based on the fact that HOA was harassing my mother who lived at the property

and refused to take care of the property and would skip her house because of one of the board members

not liking her

Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2021

HOA is within their right to foreclose. The only way to avoid foreclosure is to bring the account current all at once or file a chapter 13 bankruptcy to enter a payment plan to catch up. You will need to have a consultation with an attorney. (Note: withholding HOA payment is not the proper... Read more »

1 Answer | Asked in Foreclosure for California on
Q: I’m in CA. We’re 8 yrs behind on a 15-yr 2nd Mortgage taken out in 2004. Can they still foreclose if S.O.L is 4 yrs?

We’re trying to avoid foreclosure (auction in >1 week) on our 1st mortgage (30 yr, taken out in 2002, and 40+ months behind on payments). My bk hearing is coming up in a few days for a Chapter 13 BK, and the repayment plan is huge. I was hoping to strip off my husband’s second mortgage... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 11, 2021

Yes they can still foreclose. There is no such statute of limitations on secured debt. Talk to your chapter 13 attorney as to your options. If you cannot remove the lien in the chapter 13, you may have to pay to keep the home, or you may have to consider selling the house.

1 Answer | Asked in Consumer Law and Foreclosure for California on
Q: I have a hard money loan for the house that i occupied! Is this ilegal? To give loan on this terms?
Leon Bayer
Leon Bayer answered on Aug 26, 2021

I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?

Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of...
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1 Answer | Asked in Foreclosure for California on
Q: Whats are my next options if any?

I bought my home back in 2004, with 2 loans (20% & 80%)… 2010 I made a loan modification to combine both loans. I started paying one single payment. In may 2021 I got a default notification and my home has been foreclosed now because the loan modification was made on only one of the 2 loans... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 30, 2021

the loan is secured on the property which means they can foreclose at any time, even 10 years later. to avoid foreclosure, you are going to need to pay the balance due in a lump sum, negotiate the payments due, or file a chapter 13 bankruptcy and do a payment plan to catch up to avoid foreclosure.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Real Estate Law for California on
Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.

Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?

He also claimed that he stopped paying the mortgage about 5 months ago... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 26, 2021

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »

1 Answer | Asked in Foreclosure for California on
Q: Am I a CA usury exempt lender if I am a private party lending to another private party secured by a 2nd trust deed
Leonard R. Boyer
Leonard R. Boyer answered on Mar 23, 2021

You are going to have to elaborate a lot more. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

1 Answer | Asked in Foreclosure for California on
Q: Can a bank file foreclosure proceedings on a matured loan in San Francisco, CA that they don’t want to extend?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 16, 2021

You really need to provide far more specific information in order to obtain a meaningful answer.

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California on
Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for California on
Q: My soon to be ex left the state with the kids. She left me in a house we cannot afford in California. I also want to go.

Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2020

As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.

3 Answers | Asked in Bankruptcy, Family Law and Foreclosure for California on
Q: Divorce/Foreclosure

My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?

Harlene Miller
Harlene Miller answered on Oct 19, 2020

Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »

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1 Answer | Asked in Family Law and Foreclosure for California on
Q: How can I get rid of my house in California if my ex won't cooperate? Its in both our names and she moved out. Help!
Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Real Estate Law for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

*California* atty. preferred:

My mother and grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Oct 14, 2020

For a creditor to put a lien on real property there usually must first be a judgment. Once there is a judgment against a certain individual then that judgment creditor can enforce their judgment by either placing a lien on real property, garnishing wages, or placing a levy on a bank account. The... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Real Estate Law for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

California atty. preferred:

My mother and grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.

2 Answers | Asked in Civil Litigation, Real Estate Law, Bankruptcy and Foreclosure for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

My mother and my grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... Read more »

David Luther Woodward
David Luther Woodward answered on Sep 27, 2020

You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... Read more »

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2 Answers | Asked in Foreclosure for California on
Q: It's a month to month oral agreement, the owner has asked me to move, can I ask for $ for my deposit?
Kenneth H Flood
Kenneth H Flood answered on Sep 17, 2020

yes ,you are entitled to a return of your security deposit if home is left in condition it was when you moved in. I hope you have photos to prove it. You are also supposed to get a 30 day notice.

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