Using the Courts to Fight a California or Other Non-Judicial Foreclosure

California real property foreclosures are totally different from foreclosures in New York and many other states. The reason is that more than 99% of the California foreclosures take place without a court action, in a proceeding called a "non-judicial foreclosure". Twenty-one states do not have a non-judicial foreclosure. [These states are CT, DE, FL, IL, IN, KS, KY, LA, ME, MD, MA, NE, NJ, NM, NY, ND, OH, PA, SC, UT, VT. - Source: realtytrac.com] In California, the lending institution can go through a non-judicial foreclosure in about 4 months from the date of the filing and recording of a "Notice of Default", ending in a sale of the property without any court getting involved. The California homeowner can stop the sale by making full payment of all alleged arrears no later than 5 days prior to the scheduled sale. Unlike a judicial foreclosure, the homeowner will have no right to redeem the property after the sale ("equity of redemption", usually a one-year period after judicial foreclosure and sale).  



The problem I am going to analyze and discuss is under what circumstances can a homeowner/mortgagor go into court to obtain some type of judicial relief for wrongful or illegal conduct by the lender or others relating to the property and mortgage. My discussion applies as to all states in which non-judicial foreclosures are permitted.
There are three distinct stages that need to be separately discussed. These stages are the borrower's current situation. The three stages are:

1. Homeowner is not in any mortgage arrears [declaratory judgment action]
2. Homeowner is behind in mortgage payments - at least 5 days before auction [injunction action, which could even be called an action by a homeowner to "foreclose" upon or eliminate the lending institution's mortgage security interest]
3. Property was sold at auction [wrongful foreclosure action]

To continue reading see entire article here..

Also, watch the video below....

Mention this blog if you call..

New York: Over a quarter million homes expected to face foreclosure this year..

In this video Carl Person describes the crisis in foreclosure actions in New York. If you are a homeowner facing foreclosure and landed on this blogg. I strongly urge you to view the video below and then go to our past blog post located HERE.. and call the number in the video. Invest 10 minutes of your time. The consultation is FREE. You have nothing to lose and everything to gain by saving your home. Carl Person is one of the top foreclosure attorneys in the country offering Cadillac services at chevrolet prices. Invest the time and call....

For Homeowners Seeking to Avoid Foreclosure and Sale

This video explains how attorney Carl Person provides his legal opinion (for homeowners or their attorneys) on what activities in court, if any, are most appropriate for trying to save a homeowner's property from threatened foreclosure and sale (even reversing a sale after it has occurred); the process is in two steps, with the first step being the gathering by the homeowner or a "Document Gatherer" intermediary (such as a securitization auditor or title searcher) of about 10 categories of documents (described in the video) needed by Person for his complete review and opinion on what legal activities if anything can be done at this stage of foreclosure. Person recognizes that prior attempts to help a homeowner by non-attorneys or by attorneys unskilled in foreclosure defense might have prejudiced the homeowners' opportunities to obtain a principal or interest reduction. 

Person describes a variety of variables that can account for grant to some and denial to others of a workable loan modification agreement. Person estimates that it takes him about 1 hour and 20 minutes to perform his review and to develop and summarize his conclusions (or litigation game plan) to the homeowners, or to tell them that there is nothing they can do, if that is the case. 

Person believes that, with so many well-meaning but less than fully skilled persons trying to sell their services to troubled homeowners, homeowners need someone to step back and look at everything that has been done (or has not been done) and make a legal assessment of what can still be done in the courts to stop a threatened foreclosure, if anything at all.

FORECLOSURE HELP

This blog is about foreclosure and foreclosure actions. If you are currently threatened with foreclosure or your property is underwater and you cannot make your mortgage and you are being affected by legal action against you then this blog will be a resource for you. Carl Person is an attorney that specializes in foreclosure defense and litigation. He is among one of the top attorneys in the field with over 50 years of litigation experience against some of the biggest law firms in the country. He has been an activist for the common man and has an unparalleled track record of getting justice for his clients.

If you have been served with foreclosure papers or action is imminent then it behooves you to watch the video below which he produced. He does not charge a consulting fee and offers Rolls Royce service for Chevrolet prices... After you watch the video I strongly urge you to make the call to the number mentioned in the video. You have nothing to lose except ten minutes of your time and you may be able to save your home. It has been said by someone that if you wait for the right moment you will wait forever. You got to this blog. The right moment is now..