Get free answers to your Foreclosure legal questions from lawyers in your area.
What can I do if the sheriff's lockout notice states I have 15 days to retrieve my possessions, but the bank's lawyers are only providing two-hour slots twice, which is not enough time to pack and move a four-bedroom home? The lockout occurred in Concord, California, and despite the... View More 
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answered on Jun 16, 2025
The sheriff’s lockout notice governs the legal timeframe for retrieving your possessions, not the bank’s convenience. If the notice gives you 15 days, then that is the period within which you are legally entitled to access the property for this purpose. The bank cannot override that right by... View More
After a sheriff's lockout in California, the sheriff shut off power to the property, causing security cameras to fail and a refrigerator to leak. Due to these issues, the property was burglarized several times. The bank's real estate company reported the break-ins after noticing the... View More
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answered on Jun 16, 2025
After a sheriff’s lockout in California, your former landlord or the foreclosing bank still has a legal duty to safeguard your personal property during the 15-day period provided for you to reclaim it. This duty arises under California Civil Code § 1174 and related provisions, which require that... View More
My brother and I have been living in our parents' home in California since they passed away several years ago. In 2010, my father added my younger sister to the deed, and the property is titled "tenants in common." She attempted to sell the house and evict us, but was unsuccessful.... View More
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answered on May 23, 2025
Your situation presents complex legal challenges that require immediate attention given the approaching foreclosure sale date of July 8, 2025. Under California Civil Code Section 2924c, borrowers have the right to reinstate a loan by paying all past due amounts plus fees and costs until five... View More
I own a property in Alameda County recorded as residential in the county records, but my lender classifies it as commercial, denying my loan modification application. I spoke with their representative, who insisted on the commercial classification despite my attempts to show the residential status... View More
answered on May 10, 2025
You should continue communicating with your lender. Even if your lender has previously denied you, there are many alternatives to foreclosure that a lawyer may help you achieve including a repayment plan, modification, or forbearance.
As a last resort, you can explore bankruptcy, sale of... View More
I applied for a hardship/loan modification for my mortgage, and I've encountered unfair and deceptive practices. My mortgage company initially said we wouldn't qualify for their loan modification but would qualify for a VA program, VASP. They lied, stating they received our information on... View More
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answered on May 1, 2025
You're facing a frustrating and stressful situation with your mortgage company. Filing a CFPB complaint was an excellent first step in addressing these deceptive practices. The VASP program is designed as a "last-resort option" for keeping your home when your loan servicer has... View More
I inherited a house with a reverse mortgage and informed the lender that my aunt passed, and that I am the successor trustee of the living trust. She passed in December 2024, and I informed them on January 14, 2025, by certified mail, fax, and call. I sent them information about the trust, my role... View More
answered on Apr 29, 2025
You need to be persistent. Make sure you have all of your paperwork in order showing that you are the successor trustee. The reverse mortgage servicers, specifically CompuLink, are notoriously difficult to get in touch with, and it often takes multiple submissions to get them to recognize paperwork... View More
I am the administrator and only child of my mother's estate. She passed away in August 2024, leaving an unpaid reverse mortgage loan on a house in below average condition. The attorney who opened the probate case is no longer assisting me. I've been informed that the lender is agreeing to... View More
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answered on Apr 28, 2025
As the administrator and only child of your mother's estate, you do have options with the reverse mortgage short sale. When a reverse mortgage borrower passes away, the loan becomes due and payable, but heirs can decide whether to repay the loan, keep the home, sell the house and keep any... View More
I have lived with my Dad since 2011, and he passed away in 2014. I have been making mortgage payments since 2017 until November 2024, when my sister put the house up for sale. She is on the deed with my dad since 2010, but there is no written will. Now, the house is in default with several letters... View More
answered on Apr 24, 2025
I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More
I am submitting an amended answer to an unlawful detainer brought by the bank that foreclosed on my home, and I would like to include a cross-complaint, an affirmative defense, and bring in the mortgage servicer to offset the amount the bank claims I owe. I have over 50 pages of documentation as... View More
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answered on Apr 15, 2025
To request more time to submit your amended answer and additional documents, you will need to file a "Request for Continuance" with the court. This document should explain why you need more time, including the fact that you are preparing a cross-complaint, affirmative defenses, and... View More
I am dealing with a wrongful foreclosure situation involving a private lender and a title company. They allege that no payments were made on a 10-year loan that started in 2009 and ended in 2019, but they filed for foreclosure in 2022, two years after my mother, who was on the promissory note,... View More
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answered on Apr 8, 2025
To address the wrongful foreclosure, start by organizing and consolidating all of the proof you have of payments. This includes deposit receipts, cashier’s check stubs, and any communication with the lender or title company. It’s important to have a clear timeline of events and to keep detailed... View More
I hired an attorney to help retrieve excess proceeds from the foreclosure sale of my house. Initially, the trustee wouldn't release the money to us due to another law firm's interest. The lawyer eventually received the funds, which were initially believed to be $640,000, and I have since... View More
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answered on Apr 2, 2025
Accepting the $75,000 payment could potentially compromise your ability to pursue future legal action, depending primarily on whether you sign any release or settlement agreement in conjunction with accepting these funds. The critical factor is the precise language of any documentation accompanying... View More
I am considering filing a cross-complaint against a bank that recently foreclosed on my home of the last twenty years. The servicer has consistently manipulated my account, stolen payments, marked me delinquent, and intentionally ruined my credit, making refinancing unlikely. All illegal activities... View More
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answered on Apr 1, 2025
Including the servicers in your cross-complaint would be legally prudent given your description of their direct involvement in the alleged improper activities. In California litigation, joining all potentially liable parties in a cross-complaint helps preserve your claims against each entity and... View More
My brother and I have lived in our deceased parents' home in California since 2011. My mother passed in 2008, and my father in 2014. We made the mortgage payments until November 2024, and I have proof of these payments, even though the mortgage account is still under our parents' names.... View More
answered on Mar 31, 2025
If the deed to your sister in 2010 was a joint tenancy with right of survivorship deed, then she now owns the property and can sell it. If the deed was an outright transfer to your sister, she owns the property and can sell it. If the deed only transferred a partial interest to your sister as a... View More
I recently had to let go of my attorney due to concerns about his handling of my wrongful foreclosure case; he is being sued by multiple clients and his employees have left the firm. We completed our Case Management Conference as Pro Se litigants, and although a trial has been set, we would like to... View More
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answered on Mar 15, 2025
First, promptly notify the court that you have ended representation by your previous attorney and are currently seeking new counsel. You should file a formal substitution of attorney form or a notice indicating you will temporarily represent yourself, ensuring all parties involved are aware of your... View More
had SCM 9/19/24 for order equity payout due 3/18/25. I never received agreed court appraisal, so I tried to get heloc myself that gave me home value. Petitioners didn't accept and are still pushing their appraiser. i don't see MSC 3/13/25 resolving anything and need to do home value,... View More
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answered on Feb 11, 2025
If you're not sure what forms you need to file, then I'd recommend you speak with legal aid or hire a private attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... View More
Its like ocwen has the government’s stamp of approval. They do whatever they want; lie, cheat, and steal. I have filed seven complaints with the cfpb, three with the dbo, one each with the occ, tafcr, dob, ag, and my congressman. All for nothing.
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answered on Feb 5, 2025
It sounds incredibly frustrating to feel like you're fighting an uphill battle against a predatory lender like Ocwen, especially when it feels like no one is listening or taking meaningful action. The reality is, it can be difficult to navigate these systems, and it's easy to feel... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
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answered on Feb 2, 2025
As long as you keep making the payments on time the lender cannot foreclose or call the loan due. You also are not obligated to assume the loan. This is federal law that applies if you are a family member of the deceased. If you were not related to the deceased then you might consider selling the... View More
The grantor of a living trust has passed away, a house is in the trust, does it have to be taken out of the trust and put under the beneficiary’s name or can it remain in the trust and how long can it remain there under California law?
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answered on Feb 1, 2025
Under California law, there is no fixed deadline that forces you to remove a house from a trust after the grantor’s death. The trust remains valid and in effect according to its terms, and the property can remain in the trust indefinitely if the document does not specify a termination date or... View More
Upon death of the borrower and default, can a lender do a non-judicial property foreclosure on the surviving spouse who was NOT named (and no signature) as a Grantor in the Deed of Trust NOR as a Borrower (and no signature) in the Promissory Note?
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answered on Jan 29, 2025
No, a lender cannot directly foreclose on a surviving spouse who was not named as a grantor on the deed of trust or as a borrower on the promissory note. In California, foreclosure rights are tied to the deed of trust, which secures the loan. If the deceased borrower was the only one obligated... View More
What can I do ? I don’t want to lose my home and on top of it they have all my information and mortgage information including social security number. I filed a complaint with bankruptcy court but I have not heard back from them. I missed my creditor meeting because they said that they were going... View More
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answered on Jan 27, 2025
I'm sorry to hear about what you're going through. It’s important to act quickly to protect yourself and your home. Since the people you paid are no longer reachable and have misled you, you may be dealing with fraud. Gather all the documentation you have, including emails, text... View More
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