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 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 Suing 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. 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.
Let Our Best Wrong Foreclosure Attorney Inform You of Your Alternatives
There are comprehensive means for a homeowner to explore different alternatives to foreclosure and our wrongful foreclosure lawyer can shed light on this matter. Since the there country has seen one of the biggest foreclosure crisis in the history, several states have already put in place different mediation programs designed to provide struggling homeowners with utmost assistance.
While this is not exactly the case in California now, it has taken measures to pass legislation that pushes loan servicers to seek alternatives prior to filing for foreclosure. For instance, the state enacted the Homeowner Bill of Rights in 3p-13 after the SB 1137 was passed in 2008. 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 a this state, foreclosures are considered nonjudicial in nature. This means that lenders are not required to appear before a state 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. Despite the absence of a statewide program on mediation, the state has extended the protection given to owners via the SB 1137 Legislation.
This law prohibits any lender to send any Notice of Default to homeowners up until 30 days the servicer managed to contact the borrower and assessed his or her financial condition. This practically means that the lender should exhaust all possible options before sending the said Notice. As per the provisions stated in SB 1137, the lender 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 remind 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 said 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 lender of 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.
Know More About Homeowners’ Right to Sue with Wrongful Foreclosure Attorneys
Yes, it is possible – struggling homeowners whose rights under the California Homeowners Bill of Rights may likewise file charges 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.
The real estate law California has proved that the state is also taking measures to help people keep their homes.It is also possible for any loan provider or servicer to be slapped with a civil penalty of up tp $7500 o 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 the real estate law California has is equipped with several provisions that could help you keep your property. When searching for the real estate attorney Los Angeles has, it is important to ask all the possible questions you have and be truthful about the real financial condition you are facing.
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 above average results for 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.
Two examples of cases we’ve handled are:
Valbuena v. Ocwen – 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.