Get free answers to your Foreclosure legal questions from lawyers in your area.
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
If I file foreclosure first before the lender in 1st position, does that mean that I have priority in payments from the auction of the sale. My outstanding balance gets paid first and then the other lender. From the sale, am I obligated to pay any of the other lender’s balance?
answered on Sep 5, 2024
If you foreclose as the second position lender, there are several different ways things can go. At the foreclosure auction, if you credit bid the amount you owe and there are no other bidders, you become the owner of the property subject to the first position lender's interest. You have no... View More
I talked to the bank but my ex boyfriend doesn't want to sign the documents to change the loan
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answered on Aug 1, 2024
It's tough to deal with a situation like this, but there are steps you can take. Since you have the title to the house, it gives you some leverage. Begin by documenting all your communications with the bank and your ex-boyfriend. This documentation can be helpful if you need to take legal... View More
I am a licensed general contractor I filed the lien and was recorded 3 weeks ago
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answered on Jul 26, 2024
Filing a foreclosure on a mechanic's lien in California involves several steps and costs. The first step is to file a lawsuit to enforce the lien, which typically requires paying court filing fees. These fees can range from $435 to $465 depending on the court. You might also incur additional... View More
my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?
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answered on Jul 24, 2024
If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More
To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More
answered on Jul 18, 2024
Thank you for your question!
If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial... View More
In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More
answered on Jul 17, 2024
Thank you for your question!
It seems that your house was out is about to be foreclosed.
You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some... View More
What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More
answered on May 9, 2024
Thank you for asking the question!
For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.
Also, there is a right of redemption... View More
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