Mortgage Foreclosure Defense
We help homeowners save their properties from foreclosure by filing bankruptcy and civil lawsuits against their lenders.
We help homeowners save their properties from foreclosure by filing bankruptcy and civil lawsuits against their lenders. In response to the mortgage foreclosure crisis, California enacted the Homeowner’s Bill of Rights (HBOR) on July 11, 2012, instituting a breadth of legal protections for homeowners facing foreclosure.
If your lender is attempting to wrongfully foreclose on your property, and violating your legal rights with respect to foreclosing or modifying your mortgage, we can file a lawsuit to uphold your legal rights in court. We file lawsuits to stop wrongful foreclosure sales and enforce homeowner’s statutory rights under California’s Homeowners Bill of Rights.
As of January 1, 2021, California’s updated HOBR provides for the following (and more):
1. Dual-tracking of foreclosure sales and loan modification applications by lenders or servicers.
2. Requirement for mortgage lenders and servicers to provide borrowers with a single point of contact (SPOC).
3. Enhanced requirements for lenders and servicers to explore loss mitigation options with borrowers.
4. Borrowers are given the right to sue for injunctions and money in court for violations of the HOBR.
5. Protections for small landlords who have been affected by tenants who are not paying rent due to the coronavirus pandemic.
Our firm has been successful:
1. Stopping hundreds of foreclosure sales by filing lawsuits against mortgage lenders and servicers that refuse to follow the law.
2. Obtaining numerous Temporary Restraining Orders (TRO) and Preliminary Injunctions against mortgage lenders and servicers, (including Bank of America, Wells Fargo, Specialized Loan Servicing and others) preventing the continuation of disputed foreclosure sales.
3. Forcing banks to reverse completed non-judicial foreclosure sales, even after the foreclosure sale itself has occurred, both through the state court action and through the United States Bankruptcy Court.
4. Avoiding foreclosure with reorganization bankruptcy, and then obtaining loan modifications before borrowers complete bankruptcy.
5. Removing improper second trust deeds and other errant encumbrances of-record for homeowners.
If your mortgage lender has wrongfully instituted foreclosure proceedings, or is engaging in illegal tactics to deny your rights under California’s Homeowners Bill of Rights, or is otherwise preventing you from having a fair opportunity to apply for loan modification, we can help!