Recover Damages with the Help of the Best Wrongful Foreclosure Lawyers
Our team of Real Estate Attorneys has sued all the major banks including WELLS FARGO, CHASE, BofA, US BANK, CITI, OCWEN, etc. For Bank Fraud, Loan Modifications, Breach of Contract, Wrongful Evictions, Principal Reductions, and Reversal Of Wrongful Foreclosures. Our Attorneys have experience in Mortgage Banking Laws, Foreclosure Laws, Eviction Laws and Bankruptcy Laws. With our team of expert Real Estate Los Angeles Lawyers, you can save your property.
- Stop Your Foreclosure
- Stay In Your Home
- Lower Your Payments
- Sue And Collect Damages From The Bank
Unfortunately, you cannot trust your Mortgage Servicer/Bank.
We can help get your life back on track, whether by filing a lawsuit, negotiating with the final institution or even with filing bankruptcy. Our team of Real Estate Los Angeles Attorneys will provide you with all of your options and let you know what we recommend.
New Homeowner’s Bill of Rights Law allows for $50,000 for violations plus attorneys fees. Do not let the banks give you the runaround or sell your home without consulting an experienced a Real Estate Attorney and a Bankruptcy Attorney. We have filed hundreds of Foreclosure Defense Lawsuits and maintain a 90% success rate for our clients.
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Understand Why Hiring a Law Firm to Sue Your Lender Makes Sense
Various facets of the real estate laws in California that protect homeowners only work when an individual homeowner files a lawsuit against their mortgage lender in State or Federal Court. Some of these laws offer statutory minimum awards which include the attorney’s fees to be paid by the bank. Additionally, the only way a homeowner can legally stop a foreclosure is by getting a Judge’s Order or by filing for Bankruptcy.
Beware of promises by non-real estate Los Angeles attorneys that they can stop a sale, and especially beware of non-attorney “foreclosure consultants.” A Law Firm can be trusted because Attorneys are licensed by the State and will not be going anywhere; on the other hand, non-attorneys have been known to take money from troubled borrowers and then disappear, only to re-appear in another town with a different name. Others may stay in town, but they will stop your sale date by using illegal tactics. These never work in the long run, and can get you into legal trouble as well.
Let Our Wrongful Foreclosure Attorney Inform You of Your Alternatives
There are many different alternatives to foreclosure, and our wrongful foreclosure lawyers can give you all of your options. Since “the great recession of 2008 was mainly caused by lender misconduct regarding home mortgages, the federal government and many states pass legislation to create stronger laws to protect homeowners from mortgage lender misconduct. For instance, the state of California enacted the Homeowner Bill of Rights (effective 1/1/13) after the SB 1137 bill was passed and signed into law in the summer of 2012. Learn how this Bill has helped hundreds of homeowners entangled in the legal battle to keep their homes.
Foreclosures in the State of California
In this state, most foreclosures are “nonjudicial,” which means that lenders are not required to file a foreclosure lawsuit in court to obtain foreclosure of a certain property. However, homeowners can fight against possible wrongful foreclosure by applying the reforms included in the Bill of Rights for homeowners in California.
One aspect of the law deals with the very beginning of the default process. This statute prohibits any lender from sending any Notice of Default to homeowners until 30 days after the Loan Servicer managed to contacts the borrower and assesses his or her financial condition. The servicer is also required to communicate directly with the borrower either personally or over the phone to inform him or her of her right to request a meeting. The servicer should likewise notify the homeowner of the opportunity to explore other means prior to resorting to foreclosure. If the homeowner agrees to a meeting, then they can do so within 14 days. The meeting could also take place over the telephone if deemed more convenient on either end. The assessment of the financial condition of the borrower can be completed either during the first meeting or during the subsequent meeting. In addition, the servicer is also required to provide the homeowner with a toll-free number given by the US Department of Housing and Urban Development. This is to help the borrower find housing counseling agency that is duly certified by the HUD. If you are one of these struggling homeowners, you may also find it truly helpful to find the best real estate attorney Los Angeles has to assist you as well.
In the event that the servicer tried to contact the borrower via the phone on several occasions but to no avail, then the servicer should send a certified letter attaching a request for return receipt. The said letter should likewise indicate the toll-free number and should inform the borrower of the possible options to explore foreclosure alternatives. Aside from being required to exhaust all possible means to contact the borrower, a servicer must also indicated or post a link on its official website on relevant information about ways to avoid foreclosure, the toll-free contact number that any borrower could call if they wish to know more about these options, information on te toll-free number provided by HUD to aid homeowners in searching for housing counseling agency. Moreover, the website of the lender should also feature the different financial documents that are required to be submitted by borrowers when requesting for assistance on exploring foreclosure alternatives. The preceding paragraphs are an exampleof just one of the many homeowner protection statutes available to you under California and Federal law.
Know More About Homeowners’ Right to Sue with Wrongful Foreclosure Attorneys
Yes, it is possible – struggling homeowners whose rights were violated under the California Homeowners Bill of Rights may file a lawsuit against abusive or incompetent lenders. The court may also give hefty penalties on firms, lenders, or servicers who are found to have intentionally violated the rights or any provision in the HBOR. Big monetary penalties plus other civil sanctions await those who refuse to abide by this law. It is also possible for any loan provider or servicer to be slapped with a civil penalty of up to $7500 if they are proven to have processed unverified or ‘robo-signed’ documents.
So, are you now ready to give your home a fighting chance? Have you been losing sleep over the possibility of foreclosure? Worry not, as California and Federal statutes contain several provisions that could help you keep your property, or if you lost your home to foreclosure, you can get real monetary damages. When searching for the real estate attorney Los Angeles has, it is important to ask all the possible questions you have and be brutally honest about the real financial conditions you are facing. But even if you realize that you cannot afford your current home after all, there are many solutions besides giving in to foreclosure. One thing we can tell you for certain – foreclosure is your worst option! Gomez & Simone is uniquely qualified to give you ALL your legal options – call us at 855-219-3333 for a free 30-minute consultation and we will give you an honest appraisal of where you stand.
Why Gomez & Simone Attorneys at Law?
Our attorneys have obtained success in courts throughout California, including Ventura, Sacramento, San Jose, Ventura, Santa Barbara, San Diego, Los Angeles, Riverside/San Bernardino, Orange County and Long Beach. By focusing on becoming experts in fundamental real estate law areas such as the Foreclosure Defense Litigation, we have obtained positive results for most of our clients. As the bank’s attorneys have told us multiple times, “a lot of people over here are nervous about this case.”
We only take a select number of quality cases and you will get to meet with one of our partner real estate attorneys who will explain the process and answer any of your questions. If Bankruptcy is a better option for you then we can have one of our experienced Bankruptcy attorneys walk you through the Bankruptcy filing process. As a part of the Stay Or Go Network, we even can have you meet consultants that can tell you other ways to avoid foreclosure and even rebuild your credit. In short, Gomez & Simone is your one-stop homeowner’s legal shop. If anybody can stop a foreclosure, we can! So why not call us right now at 855-219-3333, you have everything to gain.
Two examples of cases we’ve handled are:
Valbuena v. Ocwen (California Court of Appeals) – Successfully reversed the lower court’s decision on Appeal. The said case was settled by a confidential settlement. Please feel free to google the case name “Valbuena v. Ocwen” to read more.
Roche v. Wells Fargo (Ventura Court) – Lawsuit against this giant banking institution demanding $5 million in damages. This case is currently set for Jury Trial alongside many other cases of our top real estate attorneys.