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And sold the house they sold it for a fair price and my entitled to extra money if there is any, it was definitely enough to pay off the loan and pay off other debts. How do I find out any of this information?
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answered on Jan 10, 2025
First, you'll want to contact the foreclosing lender or the trustee who handled your foreclosure sale. They are required by law to provide an accounting of the sale proceeds and any surplus funds. This is your right as the former homeowner.
If the sale generated more money than what... View More 
This was a commercial loan to an LLC we guaranteed using equity in our home as security). Loan became void, and the lender's interest was extinguished. Lender insists it was still owed remaining balance of loan, and took unlawful steps to get to equity in our home (using fraud and threats of... View More
answered on Jan 3, 2025
Bankruptcy or sale of the property are likely your only options at this point. If the judge hasn't granted your ex parte requests, it is highly unlikely any future requests for a restraining order will be granted.
Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California
answered on Dec 20, 2024
If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More
answered on Dec 17, 2024
If the bankruptcy stay was still in place, the foreclosure is not valid. If the bankruptcy stay has been lifted by a motion from your lender and the lawsuit you filed did not grant a temporary restraining order stopping the foreclosure, the foreclosure will not be overturned. However, you may still... View More
House was almost foreclosure I'm here with permission to fix house of damages and live in house
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answered on Dec 11, 2024
Under California law, a Notice of Intent to Record typically means the city is planning to file an official document about the property's condition, usually due to code violations, unpaid taxes, or other issues. This notice becomes part of the public record and can affect the property's... View More
answered on Dec 10, 2024
More information is needed to determine the type of case and to answer questions.
I need legal advise/help as I received a notice from my Mortgage loan servicing company, directing it their Attorney for foreclosure, as I am behind in Mortgage payment since June 2024, as I have been unemployed since Ist June 2024
Need legal help to defer the loan and talk to their... View More
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answered on Nov 23, 2024
I understand you're in a difficult situation with your mortgage payments, and I want to help guide you through some immediate steps you can take.
First, contact your loan servicer right away to discuss loss mitigation options - these might include loan modification, forbearance, or... View More
Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?
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answered on Nov 16, 2024
Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.... View More
Are there attorneys that served the Superior Court of California, Stanley Mosk court, on a limited scope representation basis for a pro se litigant in a quiet title foreclosure defense lawsuit? I can't afford full representation.
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answered on Nov 15, 2024
Yes, you can find attorneys who offer limited scope representation (also called "unbundled services") at the Stanley Mosk Courthouse in Los Angeles for foreclosure defense and quiet title cases. Limited scope means the attorney handles specific parts of your case while you handle the... View More
Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More
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answered on Nov 14, 2024
You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.
Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the... View More
I live at and this my primary residence
answered on Nov 9, 2024
Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More
As a pro se plaintiff in a quiet title civil lawsuit against my servicer and lender, instead of filing a Motion for Approval for Lis Pendens, which would take a long time to get onto the judges calendar, can I file a Application for Approval for Lis Pendens instead in the Superior Court of... View More
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answered on Nov 15, 2024
In California state courts, you can indeed file an Application for Approval of Lis Pendens (Notice of Pending Action) instead of a motion, which often proves faster than waiting for a motion hearing.
However, you should note that filing requirements can vary between federal and state... View More
How much ownership interest in a residential property do I need to have standing to bring a civil action in court?
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answered on Oct 19, 2024
To have standing to bring a civil action in court regarding a residential property in Perris, CA, you must demonstrate a sufficient ownership interest. Typically, this means you must have a direct financial stake in the property, such as being a legal owner or holding a lien against it. Your... View More
I am very thankful that I received two responses from two different attorneys to my initial question but I'm a little troubled that I was giving conflicting answers. The first attorney stated that if I were to reach out to the servicer and request a loan modification that it would not restart... View More
answered on Oct 7, 2024
JLA posts hundreds of artificial intelligence responses weekly in forms such as this. It is unlikely JLA even read your previous post. Although I can't vouche for the other attorney, give his response significantly more weight. I am not sure why Justia allows JLA's responses.
A Notice of Default on our home equity loan (2nd loan) for our primary residence was filed on July 30, 2024. This 2007 home equity loan was taken out solely by my mother who passed away in 2020. Furthermore, the first mortgage on the property, which is in my mother's name only and is with a... View More
answered on Oct 6, 2024
Addressing a default on a home equity loan, particularly one with the complexities you've described, involves understanding several legal principles.
The lender can foreclose on the deed of trust within 10 years after maturity if the recorded deed of trust recites a maturity date, and... View More
The check has no expiration date and is still in good condition.
answered on Sep 30, 2024
If there is no expiration date on the check, you may be able to cash it. However, contact the issuer to confirm that they have not issued a stop pay on the check and to confirm that you can cash it.
Thank you for responses. Added missing info. Small business gets loan, guaranteed by third party guarantor, for early operations (almost all went to into fixtures) with understanding loan would be repaid from cashflow. Services offered ONLY at facility, which must be permitted. Signed 10-yr lease... View More
answered on Sep 20, 2024
Impossibility is an affirmative defense you will need to raise in court if the creditor seeks to enforce the contract. The judge will determine if it is impossible under the law based on the specific facts.
Foreclosure trustee atty suggested I contact a lawyer. Excess funds are available after all liens paid. This is in San Joaquin County. California. Previous "collections" answer said ask a foreclosure lawyer.
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answered on Sep 14, 2024
You may have an opportunity to access the excess funds from the foreclosure sale if you have a valid judgment against the debtor. Since your lawsuit was filed after the foreclosure, you need to determine if your judgment qualifies as a lien that can be satisfied from the remaining funds. Generally,... View More
what can i file for an judge to dedcide the same day on giving me back my rights to the property after wrongful eviction and lockout
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answered on Aug 26, 2024
If you've been wrongfully removed from a property after a sheriff lockout, especially if you were not named on the paperwork, you may have grounds to challenge the eviction. You can file an "Ex Parte Application" for a temporary restraining order (TRO) to regain access to the... View More
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answered on Aug 21, 2024
If your wrongful foreclosure case was dismissed with prejudice without appearing in court, you have the option to appeal the decision. The first step is to file a notice of appeal with the court that issued the dismissal. This must be done within a specific time frame, typically 60 days from the... View More
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