Have you recently lost your home in foreclosure while applying for a loan modification? Has the lender started an eviction lawsuit against you? If so, you may be able to file a lawsuit to obtain a court judgment to set aside the foreclosure sale, stop the eviction lawsuit, and reinstate your loan and your ownership of your home.
I have been a real estate attorney for 35 years specializing in the field of mortgage loan law. I have successfully prosecuted numerous lawsuits against lenders including lawsuits to set aside foreclosures to restore the homeowners’ titles to their homes.
To set aside a foreclosure sale the homeowner must generally prove that (1) the home was sold back to the lender, not to some third-party purchaser who attended the foreclosure auction, (2) the lender or loan servicer conducted the foreclosure sale in an illegal, unfair, or fraudulent manner that prevented the homeowner from avoiding foreclosure sale, and (3) the homeowner has the money to bring the loan current or can obtain the money from relatives, friends, retirement assets, or other sources.
In most cases the homeowner does not have the factual and legal grounds to set aside a foreclosure sale. In those situations, the homeowner should not waste their money or time filing a lawsuit because the possibility of winning is too remote. However, in some cases the lender’s or loan servicer’s conduct has been so bad that the homeowner actually has a reasonable possibility of obtaining a court judgment setting aside the foreclosure sale and preserving their ownership of their home, or getting the lender to settle the lawsuit before trial by agreeing to voluntarily cancel the foreclosure sale and reinstate the loan and the borrower’s ownership of their home.
I am available to consult with you for free to see if you have the factual and legal grounds necessary to give you a reasonable chance of setting aside the foreclosure sale on your home. Among other things, I will want to discuss with you:
- Whether the lender or loan servicer misled you about postponing the foreclosure sale on your home.
- Whether you believe the lender or loan servicer did anything that was illegal, unfair, or deceptive that prevented you from avoiding the foreclosure.
- Whether you applied for a loan modification before the foreclosure sale occurred.
- Whether you believe you qualified for a loan modification but were wrongfully denied a modification.
- Whether you believe the lender or loan servicer mishandled your application for a loan modification.
- Whether you have or can obtain the money to bring your loan current.
If you would like to call me about your foreclosure situation, feel free to do so. We can set up an appointment for a personal meeting in my office, or we can discuss your situation in a telephone conversation, or you can communicate with me by email. See my contact page. I do not charge any attorneys fees or other charges for consulting with you about your foreclosure situation.
I do not file bankruptcy cases. I file lawsuits in California and federal courts on behalf of homeowners against lenders, loan services, and mortgage brokers who have engaged in illegal, unfair, deceptive, or fraudulent conduct.
If a foreclosure sale has not yet occurred on your home but is scheduled, you are welcome to contact me, but at the same time I strongly urge you to promptly contact an experienced bankruptcy attorney to discuss filing a Chapter 13 bankruptcy case to immediately stop the foreclosure sale and allow you to bring yourself current in your loan through a Chapter 13 payment plan.
In addition to foreclosure cases, I am experienced in representing clients in a broad range of other real estate law issues as well as in general civil litigation and consumer class actions. For a description of my experience, please see my profile page.