Ask a Question

Get free answers to your Foreclosure legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: Can I use an improperly served 3-day notice as a answer to a unlawful detainer?

This is foreclosure eviction. Six days after trustee sale someone came to my home and peered through windows, took pictures, and told me he had to see how much cleanup had to be done. He then proceeded to argue and incite a conflict. As he was leaving he said he left some papers for me to sign.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

If notice was served, that should suffice, regardless of rudeness. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Banking, Consumer Law and Foreclosure for California on
Q: Law suits against Wels Fargo

Good afternoon,

My question is what is the statute of limitations for a law suit against a bank? My mom lost our home due to employees stealing from her. They stole my moms mortgage payment or payments not too sure on that. She lost our house due to that problem. But she has proof of... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

See: http://www.courts.ca.gov/9618.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
View More

1 Answer | Asked in Contracts, Foreclosure, Collections and Legal Malpractice for California on
Q: Are there any class action lawsuits going on in California against Vanderbilt Mortgage co.? If so I'd like to join it.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

See: https://dockets.justia.com/search?query=Vanderbilt+Mortgage+and+Finance+Inc

Also check the dockets of your local county court and the CA Supreme Court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
View More

1 Answer | Asked in Foreclosure for California on
Q: Need Clarification : California Foreclosure Process In Ref Notice of Default & Sale.

For a Property in California:

Lender Filed Notice of Default in 2010

Lender filed Notice of Sale in 2010. Sale Postponed

Borrrower worked out with bank for some time. Lender Servicer changed names in 2013

Successful Loan Mod completed in 2013, Borrower made... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Was a new Notice of Default timely filed for this 2016 foreclosure? That would be required. The rescission of default for the prior N.O.D. may be valid. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Foreclosure and Bankruptcy for California on
Q: I just lost my home in New Mexico due to foreclosure sale few days ago. Can I file bankruptcy in order to keep my home?

But if it too late, what should I do next? I live in California but my home is in New Mexico. The people who rented my home got enviction note to leave the property by September 2. I really want to keep this home. It there a way to do it?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Was the foreclosure wrongful? If so, you may be able to appeal the decision or sue for wrongful foreclosure. As for bankruptcy, there are various options, including possibly Chapter 13, but you should see if you qualify by discussing this with a bankruptcy lawyer. See:... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Theres a real estate law firm in southern ca asking 5k upfront-specialize in predatory lending litigation. Standard?

We are trying to save our home from foreclosure. They claim 1-2 months positive results. However, if for some reason case goes longer like i lose my job, it can go longer and court charges 495$ (will be my expense) every month after....is what they are charging standard and are these court fees... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Be careful about dealing with firms charging low flat fees in predatory lending cases. You can look up the firm on the CA State Bar site to check their credentials. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: House in default,lived /rented 2 yrs. lease expired. When do I need to move.

I was told I had 30 to 60 days to move,I am looking for a place to live. What is my next step.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

What is the move-out date on the notice you received? That should be the date by which you must move, says common sense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Need a pro bono attorney for Long Beach CA or nearby. Home under auction, mother and son on deed.

Mother pulled out equity loans with out her son's permission, she now defaulted our home which is under auction. Mother is only on mortgage loan, Bank will not talk with us, filed a BK, help prolong trying to seek help. We paid the mom over 25 years never missed a payment, now she is held... View More

Richard Samuel Price
Richard Samuel Price
answered on Jul 29, 2016

First, you're not going to get a pro bono attorney to take this case. Second, you need an attorney to review your documents for a full consultation.

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: Morgage on my name but not on deed, now the house is going in to foreclosure because the person on deed keep the money

We want to save the house since the morgage is on our name, we trusted the person on deed and now she is hurting our credit is there anyway that we can get her out of the deed? Btw she doesnt want to sale the house to us

Richard Samuel Price
Richard Samuel Price
answered on Jun 24, 2016

Do you have an ownership interest in the house? Have you paid part of the downpayment or mortgage payments? You may be able to file a quiet title action to asset your ownership interest in the house.

View More Answers

1 Answer | Asked in Real Estate Law, Foreclosure and Landlord - Tenant for California on
Q: Renting a house landlord has not paid mortgage now the home is listed for foreclosure what do I do?

I have been paying rent to him for 16 months now on a month to month contract. I have asked him if there is anything going on with the house he denies it and says that he is refinancing the home. But I Google the address and is listed as foreclosure notice of default, he lost communication with me.... View More

Richard Samuel Price
Richard Samuel Price
answered on May 5, 2016

You are obligated to pay rent, whether the loan is in default or not. You can always give a 30 day notice to move.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: How do I go about filing a claim on a foreclosed trustee sale?

the home was sold for $169,000 the amount owed on it was for $121,741.79 which leaves quite a bit left over, and since my mom was the last legal owner of the house am I entitled to left over money and if I am how do I go about filing to receive it since I live in Sacramento ca and I am currently... View More

Richard Samuel Price
Richard Samuel Price
answered on May 9, 2016

I don't understand if your mother was the owner, how you could make a claim for the excess proceeds? Has your mother passed away? If so, then you will need to initiate a probate action to be appointed as the personal representative of her estate.

1 Answer | Asked in Real Estate Law, Consumer Law and Foreclosure for California on
Q: Has anyone ever heard of Keep Your Home California asking for there money back form a server before?Well Caliber Home

HELP My mortgage company prior to September 2013 HSBC,They sold it to Caliber Home Loans. I tried to do a loan modification after 9 month's they denied me.I was told me to contact HUD ,I got involved with Keep Your Home California I qualified for the HHF program they paid Caliber $25,000 the... View More

Richard Samuel Price
Richard Samuel Price
answered on Apr 15, 2016

Your legal matter is complex enough to warrant a visit with an attorney to sort out what happened and what you can do about it. Contact an attorney for a full consultation.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: We purchased a home through short sale, how long do the occupants have to vacate? They also have no rental agreement.
Richard Samuel Price
Richard Samuel Price
answered on Mar 27, 2016

Without a lease agreement, the tenants are month to month. You can serve a 30 day notice to vacate if they have been there less than a year. If they have been there a year or longer, then you will have to serve a 60 day notice to vacate.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: We just purchased a home that was a short sale, how long do the occupants have to vacate the property.

They do not have a rental agreement

Richard Samuel Price
Richard Samuel Price
answered on Mar 27, 2016

Without a lease agreement, the tenants are month to month. You can serve a 30 day notice to vacate if they have been there less than a year. If they have been there a year or longer, then you will have to serve a 60 day notice to vacate.

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for California on
Q: My parents died left the house to us three kids. They had a lot of debt at the end. does house have to go. I

I've been living in the house with them for ten years and taking care of them and the house as well as paying for the car and most the utilities. The house was left to all three of us kids but there is a lot of debt from creditors that was left behind. I don't want to move out of the... View More

Richard Samuel Price
Richard Samuel Price
answered on Feb 27, 2016

Keeping the house will depend on what money is available to pay off any creditors of your parents. If there isn't enough money to pay off the creditors, then the house will have to be sold in order to pay the creditors. If you want the house to yourself, you may have to buy out your... View More

1 Answer | Asked in Foreclosure for California on
Q: Am I entitled to be reimbursed for time and expense spent proving that a foreclosure action was totally unwarranted?

All monthly mortgage payments were made on time to a large financial company. However, the company mistakenly showed several defaults and sent a foreclosure notice. The company required me to obtain and fax to them copies of 12 months of cancelled checks together with a letter before it would take... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 9, 2015

Probably not. Many mortgage notes provide for attorney fees, but unless you are an attorney you don't qualify. How do you figure your time is worth $150/ hour?

1 Answer | Asked in Foreclosure for California on
Q: Can I be evicted by the former owner from a house that is in foreclosure and up for auction
Richard Samuel Price
Richard Samuel Price
answered on Sep 6, 2015

Yes, so long as the owner owns the property, even if it is in the foreclosure process, he can evict you in an unlawful detainer proceeding.

1 Answer | Asked in Foreclosure for California on
Q: Regarding a NOtice of default ....The original Trustee a Title Company that is out of Business is this a legal NOD?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Mar 1, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Typically, the lender will record a substitution of trustee form to indicate a new trustee being substituted in place of the outgoing trustee. In the even of default, the current...
View More

1 Answer | Asked in Foreclosure for California on
Q: After a lender files an action for judicial foreclosure can it simultaneously proceed with a non-judicial foreclosure.?
Richard Samuel Price
Richard Samuel Price
answered on Sep 6, 2015

Yes, a lender can pursue both remedies at the same time, but must choose only one remedy to foreclose on the house by a sale of the property.

1 Answer | Asked in Foreclosure for California on
Q: We were leased a house in Vacaville that the guy didn't own. it's a foreclosure, police say we have 3 days to be out.

We have 2 small children and all our money is in this house - do we have any legal recourse to get more time to find a place to go? we have a lease and payment receipts but the lease is fake because the person taking our money never owned the house. The police said they can arrest us and take our... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 25, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The civil unlawful detainer (UD) action requires the property owner to give you a 3-day notice to pay rent or quit. If you do not leave within the 3 day period, the property owner...
View More

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.