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California Foreclosure Questions & Answers
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.

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 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 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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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

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

James L. Arrasmith
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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...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

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

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Foreclosure for California on
Q: If I have a hard money lender and about to be foreclosed on is there any legal way or loop hole to get out of loan?

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

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Foreclosure for California on
Q: If I have a hard money lender and about to be foreclosed on is there any legal way or loop hole to get out of loan?

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

James L. Arrasmith
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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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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

The facts are very unclear to give you an answer:

Was the husband's (H) inter-spousal transfer before death or after the death of your mother?

Did the H's deed the property from your mother's name to himself or from himself to...
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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More

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2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage?

Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More

James L. Arrasmith
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answered on Mar 29, 2024

Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... View More

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2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage?

Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More

Julie King
Julie King
answered on Mar 29, 2024

Please allow me to address your comment that you want to draft your own trust. I regularly tell clients that there are several legal documents that a template would work for, assuming the template is based on the correct state's law. But estate planning is unfortunately not one of those areas... View More

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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 27, 2024

The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.

I'm in PA, and my practice...
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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

Luis Manuel Paredes Jr
Luis Manuel Paredes Jr
answered on Mar 29, 2024

Either the husband or wife may file a bankruptcy petition to stop a deed of trust sale when husband and wife are both note holders for the mortgage, so long as the filing spouse qualifies for the bankruptcy protection through the automatic stay provided by the bankruptcy code under 11 U.S. Code §... View More

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