We sue your bank to keep you in your home and get solution that meets your personal and financial circumstances.
We will stop your foreclosure sale, put you in loan modification review with your lender; settle your case for reduction of principal and/or interest lowering your monthly payment. We have sued every major bank and loan servicer on behalf of our clients, including Wells Fargo, U.S. Bank, JP Morgan Chase, Bank of America, Nationstar, Rushmore, Ocwen, Select Portfolio Servicing, Specialized Loan Servicing, and others.
We represent clients in all stages of foreclosure, including pre-foreclosure and post-foreclosure.
If you are facing foreclosure, or received a Notice of Default or Notice of Trustee Sale there is hope. Our firm has litigated numerous cases against lenders and loan servicers, such as Wells Fargo, JP Morgan Chase, U.S. Bank, Select Portfolio Servicing, Specialized Loan Servicing, Ocwen, Rushmore, etc.) for violations of California Homeowner’s Bill of Rights (“HBOR”) and negligence in loan modification review process, including breach of implied covenant of good faith and fair dealing.
You can use pre-foreclosure period to your advantage to stop the sale of your home, postpone the foreclosure process or sue your lender for behaving in a negligent, fraudulent or predatory way. If a lender acts in a negligent or fraudulent manner, resulting in the foreclosure of your home, you may be entitled to file a lawsuit under California Homeowner Bill of Rights.
In order to raise a defense to the foreclosure action, you must bring the issue before a judge. This is automatic in about half the states, where foreclosures are typically accomplished through civil lawsuits and judicial foreclosure orders. In the other states, foreclosures typically take place outside of court (these are called nonjudicial foreclosures) and you have no automatic means to mount a legal challenge. To have your defenses ruled on by a judge in these states, you have to file a lawsuit alleging that the foreclosure is illegal for some reason and asking the court to put the foreclosure on hold – pending the court’s review of the case.
California is nonjudicial foreclosure state. This means that borrowers need to file a lawsuit in order to defend themselves against wrongful foreclosure under California Homeowners Bill of Rights.
We help borrowers to file a lawsuit, trying to stop foreclosure sale by recording a document called Lis Pendens, announcing to general public that there is a pending litigation related to the property.
This usually deter potential buyers to purchase your property at sale.
Once mortgage litigation is filed, you and your attorney are able to get involved in loan modification process. Having legal representation in this process increases your chances to be approved for a loan modification and trail payment plan.