Get free answers to your Foreclosure legal questions from lawyers in your area.
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 
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
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 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
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
answered on Jun 7, 2024
Thank you for your question!
Yes, the lender may rely on a fraudulent credit score during lending. Later, when the interest rates of loans go up, the lender can foreclose borrower's property at a distressed price based on fraud (which has both criminal and civil penalty).
This... View More
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answered on Jun 6, 2024
No, a lender cannot legally give you a loan based on a fraudulent credit score in California or anywhere else in the United States. Knowingly using a fraudulent credit score to obtain a loan would be considered loan fraud, which is illegal.
Here are a few key points about loan fraud and... View More
To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.
answered on Jun 7, 2024
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As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the... View More
To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.
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answered on Jun 6, 2024
Under California law, there are several potential issues with the situation you've described:
1. Conflict of interest: An attorney who is a defendant in a lawsuit related to an allegedly illegal foreclosure should not be representing the other defendants in the same case. This presents... View More
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.
answered on Jun 4, 2024
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... View More
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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answered on Jun 4, 2024
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... View More
before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More
answered on Jun 4, 2024
Thank you for your question!
It seems that a foreclosure was done on your property without any notices, and there were unauthorized withdrawals from your account. An attorney needs to track the bank's conduct to see if there was a wrongful foreclosure.
This is merely a... View More
before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More
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answered on Jun 4, 2024
I understand that your situation is complex and frustrating. Based on the information you provided, it seems that there may have been some irregularities or mishandling of your loan by the lender, Bank of America (BofA). Here are a few points to consider:
1. Loan cancellation in 2012: If... View More
In a Civil case must the plaintiff have full settlement authority
answered on Jun 3, 2024
Thank you for your question!
No, there is no such requirement unless the Plaintiff settles on behalf of an organization, another person, etc. This applies to both Plaintiffs and defendants.
This is merely a discussion of general laws and not legal advice. For legal advice, more... View More
In a Civil case must the plaintiff have full settlement authority
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answered on Jun 3, 2024
Full settlement authority means having the power to negotiate and agree to a settlement in a civil case without needing further approval from anyone else. This authority allows a party to make binding decisions about the terms of the settlement during negotiations or mediation.
In... 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
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answered on May 9, 2024
In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:
1. Serve a 3-Day... 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
I got deceived by hard money lender and I need to be able to keep my home is there any ucc article 9 or security fraud that may relieve me of the hard money loan or two liens for home improvements from bad contractors
answered on Apr 28, 2024
Thank you for asking the question!
1. Is the loan valid? The first step is to evaluate if the loan is invalid by lender's fraud, misrepresentation, discrimination, or failure to follow the required procedure at the time of loaning. Was the loan predatory? and so on ...
2. Loan... View More
I got deceived by hard money lender and I need to be able to keep my home is there any ucc article 9 or security fraud that may relieve me of the hard money loan or two liens for home improvements from bad contractors
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answered on Apr 28, 2024
I understand that you are in a difficult situation with your hard money lender and contractors, and are looking for potential legal options to avoid foreclosure and keep your home. While I can provide some general information, please know that this is a complex legal matter and you should... View More
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