What Do I Do If I Am Facing Wrongful Foreclosure?

In California, an exceptional number of people are underwater with regard to home financing. They have fallen behind in mortgage payments or are the victims of systematic foreclosure abuses on the part of large financial institutions.

Just because you have been threatened with foreclosure, you do not have to sit back and watch it happen. Bankruptcy can provide a means to protect you from foreclosure and reorganize debts into more manageable payment plans, allowing you to keep your home and all you have worked for.

I have experience fighting and stopping wrongful foreclosures in both state court and in the bankruptcy courts.

Time is not on your side - if you have received a notice of default or notice of trustee sale call us RIGHT NOW

In California, a nonjudicial foreclosure process is used, meaning a lender does not have to file a lawsuit in order to obtain a court order to foreclose. Rather, a power of sale clause is written into the mortgage or deed of trust that allows a lender or lender's representative (i.e., trustee) to sell property to pay off a loan that is in default.

If you are in default, you will likely receive a notice of default from your lender, which gives you 90 days to catch up on late payments and penalties so your loan can get back on track. After those 90 days are up, the lender may choose to foreclose your property.

This type of foreclosure is often referred to as a trustee sale. If you receive a notice of trustee sale, this is an emergency situation. You have a very short period of time — 21 days — to take action.

If the trustee sale is completed, it is final. There is no way to reverse it. That is why you need to contact us RIGHT NOW.

Email tomkelly@sonic.net | First consult is always free | 707-545-8700