Time is of the essence. For many homeowners, facing a foreclosure can be an absolute nightmare. However, these homeowners shouldn’t justify this dreaded experience as an end. In fact, when some homeowners endure foreclosure, other options and recovery remedies may be available to their unique situation. For more information on how our attorneys can potentially halt your foreclosure, postpone your sale date, or prevent a trustee sale entirely, give us a call. Though the information on this page is helpful, it shouldn’t be used as legal advice, since everyone’s foreclosure matter is uniquely different from one other.

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  • • Going About Your Foreclosure Lawsuit
  • • Research & Evaluation
  • • Lawsuit Drafting
  • • Motion for Temporary Restraining Order
  • • Preliminary Injunction
  • • Setting Case for Trial
  • • Litigation
  • • Realistic Litigation Expectations
  • • Lender Lawsuit Qualifications
  • • How We Can Help

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  • Stop your foreclosure sale date
  • Lower your monthly mortgage payment
  • Stay in your home long-term
  • Prevent your home from going to auction
  • Seek damages against your lender; and/or
  • Get advice on all options to avoid foreclosure

You don't have to go through your foreclosure alone. Call: (888) 469-1034
How Will My Lawsuit Proceed?
Step 1 – Research & Evaluation:
All documentation relevant to a potential lawsuit against your lender is thoroughly reviewed by our attorneys. Any form of communication between you and the lender and/or servicer, any foreclosure notices, and any notices indicating substitutions or assignments of interests in your mortgage, should be present when evaluating your legal options with your mortgage lawyer.
Step 2 - Lawsuit Drafting:

If the documentation and information you provide yields potential causes of action upon which a suit can be based against your lender/servicer, our mortgage attorneys will draft a lawsuit uniquely tailored to the individual facts of your situation. A final draft of the Complaint will be formally submitted to you for approval before filing with the Court. This is merely one of the steps our trusted foreclosure attorneys take in order to begin your foreclosure lawsuit.

For any questions or concerns you may have on your foreclosure, give us a call.

Once your Complaint is filed, your lawsuit is therefore pending before the Court. With a pending lawsuit, our foreclosure attorneys may seek motions before the judge assigned to your case. If the facts of your case include an impending foreclosure sale, our foreclosure lawyers will draft an Ex Parte Motion for Temporary Restraining Order which requests that the judge order the foreclosure sale to be temporarily stopped.

Step 4 – Preliminary Injunction:
After the Temporary Restraining Order expires, attorneys for all parties are called in to Court to argue whether the foreclosure sale should be urged until the foreclosure defense lawsuit is resolved. The facts unique to your case will largely determine the outcome of this hearing, which is why it is important to have detailed notes and records with regard to the misconduct of the lender and/or servicer. At JT Legal Group, our foreclosure lawyers’ preparation is top-notch.
Step 3 - Motion for Temporary Restraining Order
Step 5 - Setting Case for Trial:

The parties sued in the lawsuit will generally seek to have the Court dismiss your case as a way of avoiding liability. Often, if the facts of your case are strong, only certain components of a case will be dismissed while others will remain in full force. Even if only one claim survives the dismissal attempts, the remainder of the case may press onward and will be scheduled for trial. Carrying through the entirety of the lawsuit properly is highly dependent on the quality and care of your mortgage attorney.

What is “Litigation?”

Litigation is an actual lawsuit filed against your Lenders, Investors, Servicers, Trustees, and any other pertinent parties based on illegal acts that have been committed against you, the borrower. These might include Fraud, Negligence, Breach of Contract, Unlawful Foreclosure, violations of Lending Laws, or any other acts of malfeasance creating Causes of Action to sue upon, in the Court of Law.

What Can I Realistically Expect from Litigation?

Depending on the parameters of your case, a lawsuit settlement can deliver any combination of the following:

  • Immediate Foreclosure Avoidance
  • Home Retention
  • Reimbursement of Legal Fees
  • Cash Settlements (in some cases)
How Do I Know I’m Qualified to File a Lawsuit Against My Lender?
To stop foreclosure fast you must consult with an attorney at JT Legal Group to get the most accurate understanding of your unique matter. Below, you’ll find a few initiatives as to why a lawsuit might be a great option for you when attempting to avoid foreclosure:

  • • Have you received — and complied with — a Trial Modification, and were then denied for a Permanent Modification?
  • • Did your lender foreclose on your home during the modification application process, or after a modification (or payment plan) was approved?

Again, there are many reasons and factors which might indicate that you qualify for a lawsuit. Instead of trying to guess whether you might be a good candidate, the best option is to email JT Legal Group or call us at (888) 469-1034 for a consultation that will answer all your questions.

Why JT Legal Group, APC?

Since the foreclosure crisis began, we have handled a large number of these cases. In short, foreclosure litigation is our area of strength. In handling so many foreclosure cases, our attorneys have developed and maintained working relationships with the attorneys representing each major lender. Most lenders tend to use the same firms for most cases in an area, so we often work with the same firms that repeatedly represent the lenders. These attorneys are well aware that we bring only legitimate, non-frivolous cases with reasonable clients who are willing to settle on reasonable terms.
Our firm is at the forefront of this area of law, and at any given time we are actively prosecuting actions against your specific lender in California’s State Courts — and they are well aware of our ability to win.

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