In today's tough economic times, many Californians are facing the very real possibility of foreclosure on their homes. As a Martinez foreclosure prevention lawyer and real estate broker, I offer a valuable perspective into the foreclosure and short sale process.
Along with my wife who is also a real estate broker, I can help you to understand the best ways in which to prevent foreclosure, halt the foreclosure process and other options such as a short sale that may be available depending on your unique situation.
Concord, California, Avoid Foreclosure Lawyer
In some circumstances, I may be able to negotiate with your lending institution for a forbearance agreement to allow time to restructure, refinance or modify your loan. Unfortunately, many lending institutions prove difficult to work with. In these cases, I will determine whether any defenses to foreclosure exist.
Potential defenses to avoid foreclosure of your home often arise in circumstances where the lending institution failed to follow relevant law and procedures for attempting foreclosure. For example, the bank may have misrepresented the terms of the loan or failed to:
- Secure ownership of deed of trust
- Give proper notice of default on the loan
- Offer a workout interview as required by Home Affordable Foreclosure Alternatives (HAFA)
- Give proper notice of the trustee sale
In these cases, you can file for lis pendens on the property, effectively halting the foreclosure process. Importantly, these potential defenses are essentially "stop-gap" measures: Once the bank has rectified its error, the foreclosure process will continue.
However, raising an effective defense to foreclosure may provide another six months of property ownership, which can make a world of difference in negotiating a short sale and seeking alternative living arrangements. I may also be able to recover financial payments from your bank for mistakes made during the foreclosure process.
Stop Foreclosure in Walnut Creek
I give free 30-minute initial consultations to help you consider your foreclosure prevention options. My wife and I aim to use our substantial experience to secure the best possible results on your behalf. Contact my firm online or call 888-335-9597 toll free to schedule an appointment with a Concord avoid foreclosure attorney.