Lawyers, Answer Questions  & Get Points Log In
California Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure and Civil Litigation for California on
Q: I have a couple questions drafting a FAC.

I am a plaintiff pro per who filed a complaint and a preliminary injunction. There has been no answer filed yet. The court instructed me to amend my complaint. My question is when I amend do I have to underline/highlight the changes in the FAC? The changes are extensive. I also understand that I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 4, 2017

You may be best off hiring an attorney to do this properly for you, as it sounds like you might be in over your head. If you can't afford a lawyer, spend time at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Litigation and Probate for California on
Q: I need to stop or pauseSurplusFunds disbursement.What can i file at dwntwn LAcourt.Im heir too but Trustee didnt notify

To make things worse title to this house change illegally.Now my uncle open probate case for my grandma and he claiming the surplus funds.But grandmaNOT OWNER of this house.Im owner and I never gifted or transfer my house to my grandma.Thats a lie. So i dont know but i need to show judge theres... Read more »

Richard Samuel Price
Richard Samuel Price answered on Apr 30, 2017

To challenge the ownership of the property, you'll have to file an 850 petition with the probate court for a determination of who is entitled to the proceeds from the sale of the property. Then you can make a claim for the proceeds. Contact an attorney for a full consultation.

1 Answer | Asked in Real Estate Law, Bankruptcy and Foreclosure for California on
Q: my ex husband defaulted on a heloc loan on my property, nod issued, he is not returning phone calls, I need options plse

divorce court issued the heloc his responsibility, and primary residence mine. I do not want to lose my home.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 22, 2017

Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see:... Read more »

1 Answer | Asked in Foreclosure for California on
Q: Right of previous foreclosed home owner to claim sale money above loan value that was due.

I went to foreclosure in California and my lender used his Power of Sale clause to auction off the house. The sell price went higher than the amount I did owe on the house and I am wondering if I have a right to the money above and beyond what was due on the house as previous owner before... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

Once the mortgage is foreclosed and the creditor take ownership of the property, that property belongs to them, and so does the money they make in selling it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Foreclosure for California on
Q: How to get an extension of time in District Court Southern California

I filed a lawsuit in United States District Court Southern California, defendants have responded with request for judicial notice in support of motion to dismiss. My suit is an unlawful foreclosure. Hearing date is March 17, 2017 Is there a form?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 3, 2017

It sounds like you want to file and serve a continuance. You would have to draft such a request yourself. Head to your local law library for resources. You have to inform the other party and properly serve them. If they stipulate to the continuance, make sure it's in writing, and then attach... Read 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, Esq.
Ali Shahrestani, Esq. 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... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read 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, Esq.
Ali Shahrestani, Esq. 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:... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read 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, Esq.
Ali Shahrestani, Esq. 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...
Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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...
Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Foreclosure and Probate for California on
Q: Grandma passed 2yrs ago.Now im out of jail.House has new owner All is gone.Dont think she left a Will.Caretaker gone too

I cant really think.Im devastated but i cant just sit.I need answers.Who do i direct myself to?Grandma did have live-in caretaker,this woman is gone wont answer my calls.I feel aimless.Dont know where to begin.I never got notified about sale of house or where cars were going or our furniture or my... Read more »

Bruce Adrian Last
Bruce Adrian Last answered on Feb 15, 2017

I am sorry to here of your troubles. You case is complex enough that you need to talk with a lawyer to see where you stand, but here is some information that may help you along.

Where to find probate information: If you grandmother had no will and no trust, and assuming the house was not...
Read more »

1 Answer | Asked in Foreclosure, Personal Injury, Real Estate Law and Elder Law for California on
Q: Violation Fannie Mae's Mandatory Lending Guide Policies...

If a mortgage and title company violate Fannie Mae's Mandatory Selling Guide and allow a person not allowed to act as an attorney in fact to sign closing loan documents under a power of attorney, is the loan and Deed valid and if it is can it be voided in court?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2017

Might be voidable but you need to talk to a consumer law specialist who is a member of CAOC or www.naca.net

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.... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: What can I do to save my house?

I was divorced about 8 years ago. While married we had a 1st and 2nd mortgage. The 1st is with Bank of America and the 2nd is with bank of the west. After the divorce I took his name off title and my name is the only one on title. In order to save the house, I had to file chapter 13 to get rid of... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 7, 2017

Did you refinance the mortgage when you changed the title to your sole name? If not, that may be the problem if your husband's name is still on the mortgage with the 2nd bank. They might be trying to collect the loan from him and using the house as collateral. More details are necessary to... Read more »

1 Answer | Asked in Foreclosure for California on
Q: State of California. Can this home be foreclosed? Was told that Trust from estate had to be completed to foreclose on.

Home with mortgage owing left to children in parents estate. Estate settled but trust from that estate has not disperesed funds to complete and settle trust. Home is underwater. Appraisal does not cover loan due.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

Foreclosure is typically appropriate when the mortgage is in default for multiple months and all due notices have been recorded. Have a lawyer review the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: what are my rights when the owner that i am renting is in foreclosure and already had two auction dates

landlord did not tell us about foreclosure issue. she stated she didn't have to. and to pay rent still . when we got notice in default in dec stated auction date is 12/07/16 mention it to her and said still pay rent she didn't have to explain to me about the issue still. she then... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 4, 2017

See: http://www.prometheuslaw.com/2011/02/18/renter-beware-northern-california-renters-rights-in-the-face-of-real-estate-fraud-and-investment-fraud/

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not...
Read more »

1 Answer | Asked in Foreclosure and Probate for California on
Q: How can I save my house from being auctioned?

My mom passed away, missed a couple of payments, mortgage company wouldn't accept payments, finally got the money for probate, house is to be auctioned, out of time, doesn't seem fair, need immediate help.

Richard Samuel Price
Richard Samuel Price answered on Dec 3, 2016

You can file a petition for special administration in probate court to be appointed as the special administrator of your mother's estate. Then the mortgage company will deal with you as if you were her. Maybe then you can negotiate a delay in the foreclosure. Hire a probate attorney.

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... Read 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.

1 Answer | 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 26, 2016

About the only procedure to do that is to assert an ownership interest in the house with a quiet title action. Whether or not you can assert such a claim would depend on your facts and circumstances. It's time you sat down with an attorney to discuss your matter.

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.