Time is of the essence. Contact us as soon as possible to find out how the experienced attorneys at JT Legal Group can halt your foreclosure, postpone your sale date, or prevent a trustee sale entirely. Our team will contact you shortly to discover more about your case and provide a free 15 minute consultation.
Most mortgage contracts in California contain a notice of sale clause, which allows the lender to sell the home if the borrower is in default. A notice of default is recorded once the borrower fails to meet the terms of the loan (usually failure to make payment) and officially starts the foreclosure process. Once recorded, the borrower has 90 days to "cure" the default, usually by paying the balance of the loan.
If the borrower cannot pay the full balance after 90 days, the lender can record a notice of trustee sale, providing notice of intent to sell the property. This notice will be mailed to the borrower, and details of the sale will be published in the newspaper including the date, time, and location of the sale.
The lender typically has to wait at least 20 days after before selling the property at auction. Normally, once the foreclosure process reaches the auction stage, the property is either sold back to the bank, or to a third party. It is usually difficult for the borrower to regain title of the property if it is sold to a third party. Leading up to auction, the lender can choose to postpone or cancel the sale if they agree to a short sale or negotiation.
If the lender fails to properly follow procedure laid out in state and federal law, they cannot foreclose; and in fact, they may be found liable in court for damages. Just ask JT Legal Group's clients, who we have won significant damages for in every county in California, and against every major lender.
As of January 2016, the foreclosure rate for Oakland is approximately 1 in every 1303 homes. The top 5 zip codes in Oakland that experience the highest foreclosure rates are:
Data provided by RealtyTrac.
At JT Legal Group, you will work with an experienced foreclosure attorney who will clearly explain your rights and options, and will keep you frequently apprised of where you are in the foreclosure process. Our attorneys are aggressive, meticulous litigators, and our reputation means that banks know we don't bring frivolous suits. We scrutinize every case carefully, because we know your livelihood is at stake and you need to stop foreclosure sale in Oakland.
If you need a foreclosure lawyer in Oakland to stop foreclosure, you need a firm that makes foreclosure litigation their primary area of practice. At JT Legal Group, our attorneys work within this area of law all day, every day. Call JT Legal Group for a free consultation at (888) 529-3111.
Michael Avanesian specializes in the field of corporate restructuring and litigation. Mr. Avanesian has a wide range of experience in Chapter 11 bankruptcy cases and has represented corporate and individual debtors, secured creditors, unsecured creditors, lessors, lessees, trustees and other interested parties in bankruptcy cases and related litigation.
In general terms, fewer than 1% of lawsuits ever actually see a trial. In most cases, lawsuits are settled when the parties can agree to reach a resolution that is mutually satisfactory. Parties are free to settle a lawsuit at any time, and between any of the steps previously listed. In many cases, settlements can be reached even before a preliminary injunction hearing is held.