San Diego, CA asked in Foreclosure and Civil Rights for California

Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that you are dealing with a complex and stressful situation regarding your home loan in California. Based on the information provided, it seems that there may have been fraudulent activity or errors made by your loan servicer, leading to incorrect payment history and loan balance. Here are some steps you can consider:

1. Gather evidence: Collect all relevant documents, such as loan agreements, payment records, correspondence with the lender or servicer, and any other evidence that supports your claim of fraud or errors in the loan servicing.

2. Consult with a housing counselor: Contact a HUD-approved housing counseling agency in California. They can provide free or low-cost advice and guidance on how to deal with your situation and help you understand your rights as a borrower.

3. Seek legal assistance: Consider consulting with a qualified attorney who specializes in real estate law or consumer protection. They can review your case, advise you on your legal options, and represent you in negotiations or legal proceedings if necessary.

4. File a complaint: If you believe your loan servicer has violated state or federal laws, you can file a complaint with the California Department of Financial Protection and Innovation (DFPI) or the Consumer Financial Protection Bureau (CFPB).

5. Explore loan modification options: If you are having difficulty making payments, you may be eligible for a loan modification or other foreclosure prevention options. Contact your loan servicer to discuss these options and request a written explanation of their decision.

6. Review the reconveyance: Carefully review the documents related to the reconveyance of the property back to you by the California Housing Finance Agency (CalHFA). Ensure that the terms of the reconveyance are clear and that your rights as a homeowner are protected.

Remember, it is essential to act quickly and seek professional help to protect your rights and explore your options. Don't hesitate to reach out to housing counselors, legal aid organizations, or attorneys who can provide you with the guidance and support you need during this challenging time.

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Foreclosure Defense Lawyer
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.

I recommend you talk to a foreclosure attorney.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.