Foreclosure FAQ

If you are facing foreclosure, or if you are suffering from severe financial hardship and circumstances that you believe will lead to foreclosure, then it is important that you have skilled representation on your side that can help you effectively pursue your rights, your goals, and desires. You may have many questions regarding the process; utilize the following information to obtain some basic answers to your questions.

How long does foreclosure take in California?

Once a mortgage is in default the lender must record a "Notice of Default" with the country and send a copy to the homeowner. The recording of the notice starts the clock. If the homeowner does not either make up the arrearage or negotiate an arrangement with the lender in time, approximately four months later the property can legally be sold at auction provided the lender complies with all of the requirements. Because there are strict time requirements it is important to act without delay. There are a number of methods an Orange County foreclosure attorney can use to either postpone or stop the foreclosure process given enough time. Even if you think you are out of time it is still possible something can be done about it.

After I have received a Notice of Default should I just move out?

The best thing to do is to stay in your home and consult a skilled foreclosure lawyer who is truly interested in helping you to arrive at an optimum solution for your unique situation. Many people lose their homes to foreclosure because they simply don't know their legal rights or that they have options. Find out more at Foreclosure Defense.

Is bankruptcy the only way to stop foreclosure?

Bankruptcy Chapter 7 and Chapter 13 are both very effective methods of avoiding foreclosure. They are not the only effective methods and depending upon your circumstances may not be the best solution for you and your family. It may be as simple as renegotiating your loan payments or the interest rate.

Beware of plans that sound too good to be true. There are a number of organizations which make false promises as to how they can help you save your home in order to take your money, your home or both. A qualified foreclosure lawyer can explain all of your options and assist you in avoiding scams.

Can't I negotiate a loan modification on my own?

If you are dealing with only one lender you could successfully negotiate and get a new loan agreement. Be aware that there are numerous possible pitfalls when you represent yourself. For example, if you have a first and second mortgage, you might come to an agreement with one lender only to have the holder of the other mortgage balk after getting all of your financial information. Now the lender can use this information to its advantage.

Once you have divulged your pay, retirement, bonuses and information about your other assets, there is no "taking it back". A skilled foreclosure lawyer can negotiate a loan modification, short sales, deed-in-lieu-of-foreclosure, and other foreclosure alternatives on your behalf and ensure your interest and future is protected.

Serving the Residents of Orange County, California

If you are facing foreclosure, then you need skilled legal assistance on your side. At 1^st California Law Inc., we understand the difficulties of the situation that you are facing, and you can be sure that we will work with you to pursue the results that you need in your situation.