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.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
  • 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.

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