Foreclosure laws vary by state. In states where nonjudicial foreclosures are common, such as California, you can’t challenge a foreclosure in court unless you file a lawsuit against the lender arguing that the foreclosure is illegal.
When the time comes to file a lawsuit against the lender and mortgage trustee, ask the court to stop the foreclosure proceedings until you can explain to a judge your reasons for arguing against the foreclosure. Unlike the judicial foreclosure process, the burden of proof for nonjudicial foreclosure falls on you.
Prove your case by filing documents that show the lender failed to comply with state laws or the terms stated in the deed of trust.
After the bailout in 2008, banks promised to help homeowners facing financial hardship which inevitably led to the California Homeowner Bill of Rights.
Designed to protect homeowners from unfair practices by banks and mortgage companies, the Bill was passed to help consumers and communities cope with the state’s urgent mortgage and foreclosure crisis.
Between 2008 and 2011, more than one million homes in California were foreclosed. In many cases, lenders and loan servicers did not provide homeowners with a significant opportunity to obtain loss mitigation options to avoid foreclosure, and also engaged in extensive mortgage servicing misconduct. To address this issue, Governor Jerry Brown signed the California Homeowner Bill of Rights into law on July 11, 2012.
On January 1, 2013, California’s Homeowner Bill of Rights, went into effect. The law reformed some aspects of the California foreclosure process to provide protections homeowners. On January 1, 2018, many provisions of the Homeowner Bill of Rights were replaced with new ones—a change that was widely considered to benefit lenders and servicers, not homeowners. Then, on September 14, 2018, Governor Brown signed Senate Bill No. 818, which permanently reinstated the expired provisions of the Homeowner Bill of Rights and better protects the interests of homeowners.
NORDIC STAR law firm centers upon addressing the matters of predatory business practices and enforcing your rights to basic fairness during the litigation process.
Don’t wait for your lender to come to you first.
By hiring an attorney, you gain leverage in the legal playing field while lenders are forced to come to the table with their attorney to work with your attorney to resolve the case.
Our emphasis to combat the victimization of distressed homeowners serves as the foundation in the pursuit of our clients’ goals. This entails our firm’s advocacy regarding foreclosure defense, quiet title actions, breach of contract and fraud.
We have litigated such cases throughout the California in Los Angeles, Ventura, Orange and San Diego Counties and are well adept in addressing the complex issues that serve as a barrier to most aggrieved homeowners.
By advancing all viable legal issues, claims and defenses our firm is able to pursue the attainment of our clients’ goals in the form of:
To learn more about your homeowner rights and foreclosure options or to share your story please call us or send us a message. We look forward to hearing from you.
