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  • Foreclosure Attorney – San Diego, CA

    Foreclosure Defense in San Diego County
    Schedule a Free 15 Minute Consultation
    In California, lenders can foreclose on mortgages in judicial or non-judicial processes (much more often non-judicial). Mortgage contract clauses authorize home sales to pay off loan balances if homeowners default on payments. A San Diego foreclosure attorney notes that lenders who use non-judicial foreclosure waive the right to deficiency judgments against their borrowers, but they still prefer this process as it is faster and less costly.
    Facing Foreclosure in San Diego County?

    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 with a San Diego foreclosure defense attorney today.


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  • Non-Judicial Foreclosure Process

    San Diego foreclosure lawyers have highlighted principal features of the California non-judicial foreclosure process:

    1. The lender must conduct a foreclosure avoidance assessment.
    2. The lender cannot start the foreclosure process until at least 30 days after contacting the borrower to make this assessment;
    3. The lender must advise the borrower of the right to request another meeting within 14 days after the initial contact about how to avoid foreclosure.
    4. The borrower can authorize a lawyer, housing counselor, or other advisor to discuss with the lender ways to avoid foreclosure.
    5. The lender can record a notice of default 30 days after the initial contact for a foreclosure avoidance assessment, sending the borrower a copy by certified mail within 10 business days of recordation. The borrower then has 90 days from the recordation date to cure the default by paying the amount owed.
    6. If the borrower fails to cure the default, at least 90 days after the notice of default the lender may record a notice of sale of the home at auction in 21 days. The lender must
    7. Send a copy of the notice of sale to the borrower by certified mail,
    8. Publish the notice of sale weekly in a newspaper of general circulation for three consecutive weeks before the sale date,
    9. Post a copy on the property and in a public place, usually the local courthouse.
    10. Include in the notice of sale the date, time, and location of the foreclosure sale, the property address, the trustee name and contact information, and a statement that the sale will be at a public auction.

    At least 21 days after the notice of sale the property may be sold at a public auction. The successful bidder must pay the full amount of the sale on the spot. The lender usually bids at the auction. If there are no other bids, the lender gets the property.

     

    As of November 2015,

    One (1) in every 1,672 homes in San Diego County goes through foreclosure. Below are the top five cities in San Diego County with the highest foreclosure rates:

    • Jacumba >> 1 in every 250 homes
    • Potrero >> 1 in every 358 homes
    • Pine Valley >> 1 in every 364 homes
    • Campo >> 1 in every 534 homes
    • Boulevard >> 1 in every 651 homes

    Data provided by RealtyTrac RealtyTrac.

    Be Aware of Foreclosure Scams

    The notice of default is a public document. Many fraudsters and scammers search public records to find borrowers in default and make phony offers to help them keep from losing their homes to foreclosure. They take the defaulted borrower's money and then disappear. Genuine legal services are available from actual law firms, government agencies, and nonprofit organizations who can all help borrowers.

    Stopping the Sale

    The borrower has up to five days before the foreclosure sale to cure the default, stop the process, and reinstate the loan. During the 21-day period after the notice of sale, any person or entity may redeem the home by payment of the entire loan balance.

    After Foreclosure

    Whoever buys the home at the auction must serve a three-day written notice to vacate the property and, if necessary, resort to eviction for possession.

    Tenant Rights During Foreclosure

    If there are tenants in the foreclosed property, the new owner must honor existing leases. When tenants have month-to-month leases, the new owner can evict them or offer them new leases. The new owner must give the tenants at least 90 days notice of eviction.

    Tenant Rights During Foreclosure

    If there are tenants in the foreclosed property, the new owner must honor existing leases. When tenants have month-to-month leases, the new owner can evict them or offer them new leases. The new owner must give the tenants at least 90 days notice of eviction.

    Defenses to Foreclosure

    Loan closing documents may reflect information for defenses and counterclaims and additional information may be available from the lender or mortgage servicer under the Real Estate Settlement Procedures Act.* Absence, incompleteness, or inaccuracy of required truth in lending disclosures may give borrower's rescission rights. It is also important to examine the mortgage and check public records carefully. Improper property descriptions, unrecorded mortgages, or mortgages lacking all necessary signatures can raise borrower defenses or counterclaims.

    Dishonesty or fraud in closing may raise borrower defenses. Other borrower defenses may stem from the lack of required notices as conditions precedent to default and acceleration. Servicer accounting errors are not uncommon. Review of the loan history ledger may reveal uncredited payments and erroneously assessed fees or charges.

    When executing the mortgage contract, it is well to look for and if possible to remove any power of sale clause authorizing a sale of the property to pay off the loan balance if the borrower fails to make a timely payment. This clause establishes the lender's access to non-judicial foreclosures. In judicial foreclosures borrowers can raise affirmative defenses and counterclaims. Judicial foreclosures also provide for justiciability and standing defenses. Borrowers in non-judicial foreclosures must assert defenses and counterclaims in separate lawsuits, often for injunctions.

    An action for injunctive relief before conclusion of a foreclosure sale, with recordation of a lis pendens as notice of the action can discourage bona fide purchasers at sale from asserting intervention rights. Improprieties in the foreclosure process, moreover, may make even a completed sale subject to challenge

    Offering Comfort by Monitoring Cases

    Once a professional law office staff starts working on a case, it communicates weekly with lenders to make sure nothing falls through the cracks. Clients have said that this practice gives them peace of mind. Some say it has done more for them than has anyone else they've consulted for help with their cases.

     

    Setup a FREE Consultation with a San Diego Foreclosure Defense Attorney

    Whether stopping a foreclosure auction sale, negotiating with lenders, or litigating for injunctive relief or relocation funds, JT Legal Group has helped hundreds of clients resolve their foreclosure troubles.

    JT Legal Group takes pride in its reputation as arguably the most experienced foreclosure defense law firm in California. JT Legal Group has made unscrupulous lenders face the consequences of their misdeeds time and time again. Call (888) 529-3111 today for professional help.

    Sources:

    United States Code Title 12, Chapter 27 Sections 2601–2617.
    "Foreclosure," Judicial Council of California, 2015
    "Foreclosure Negotiation and Defense," Solo, American Bar Association, Winter 2009

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    Armine Singh

    Armine Singh is the Managing Attorney at JT Legal Group. Armine has defended hundreds of homeowners from foreclosure through successful real estate litigation defense...

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    MAIN GOAL: Settlement!

    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.