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California Foreclosure Questions & Answers
3 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: I’m the primary beneficiary and executor of a living trust, I was left a house with a mortgage that I am not

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?

Nina Whitehurst
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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

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3 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: I’m the primary beneficiary and executor of a living trust, I was left a house with a mortgage that I am not

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?

Julie King
Julie King
answered on Feb 2, 2025

More information is needed to properly answer your question. One thing to note is that all debts and taxes must be paid before real estate may be distributed to the beneficiary (assuming the real estate was solely in the deceased person’s name.) So, if someone passed away and left only $10,000 in... View More

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2 Answers | Asked in Foreclosure for California on
Q: my house was for closed done prior to foreclosure during default. I tried to sell it through a real estate agent,

And sold the house they sold it for a fair price and my entitled to extra money if there is any, it was definitely enough to pay off the loan and pay off other debts. How do I find out any of this information?

James Clifton
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James Clifton
answered on Jan 13, 2025

The trustee is required to provide you with notice of any money you are owed from the auction within 30 days of the foreclosure. If you haven't received that, there may not be any money. You can request the details from the foreclosure including the payoff amount and highest bid directly from... View More

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2 Answers | Asked in Real Estate Law and Foreclosure for California on
Q: My 2 nd mortgage foreclosed on me , I’m current with my first mortgage ,The second I owed $74 kMy 1st I owe $366,000

Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California

James Clifton
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James Clifton
answered on Dec 20, 2024

If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: How to stop a fore closure by my lender mortgage company. I have a personnel loan or hard money loan with the company.

I live at and this my primary residence

James Clifton
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James Clifton
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

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3 Answers | Asked in Foreclosure for California on
Q: A Notice of Default on our home equity loan (2nd loan) for our primary residence.

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

James Clifton
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James Clifton
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...
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2 Answers | Asked in Foreclosure for California on
Q: I am a 2nd position lender for a property located in California. I am filing a Non Judicial Foreclosure.

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?

James Clifton
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James Clifton
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

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1 Answer | Asked in Foreclosure for California on
Q: I filed a mechanic lien for $150000 in bellflower property. What is the average cost to file a foreclosure on this lien

I am a licensed general contractor I filed the lien and was recorded 3 weeks ago

James L. Arrasmith
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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

1 Answer | Asked in Foreclosure and Banking for California on
Q: "Seeking advice on loan modification: If my mom (or we as POAs) signs, who is liable if the loan defaults?"

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.?

James L. Arrasmith
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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

2 Answers | Asked in Landlord - Tenant and Foreclosure for California on
Q: I'm being evicted, was offered cash for keys, 2 weeks later, served a pay or quit, was served a complaint. Is that legal

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

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Foreclosure for California on
Q: Can a lender give you a loan based on a fraudulent credit score?
Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Foreclosure for California on
Q: Can a lender give you a loan based on a fraudulent credit score?
James L. Arrasmith
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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...
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2 Answers | Asked in Foreclosure for California on
Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

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...
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2 Answers | Asked in Foreclosure for California on
Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

James L. Arrasmith
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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...
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2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

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.

James L. Arrasmith
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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

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2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

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.

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Foreclosure for California on
Q: what happened why rescinded, did my loan cancel back in 2012? can I suit, should I wait?

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

James L. Arrasmith
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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...
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2 Answers | Asked in Foreclosure for California on
Q: what happened why rescinded, did my loan cancel back in 2012? can I suit, should I wait?

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

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Consumer Law and Foreclosure for California on
Q: What is full settlement authority

In a Civil case must the plaintiff have full settlement authority

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Consumer Law and Foreclosure for California on
Q: What is full settlement authority

In a Civil case must the plaintiff have full settlement authority

James L. Arrasmith
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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...
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