Subtitle: A lender from home a borrower is seeking foreclosure assistance is, under the terms of the SB900, not allowed to proceed with a foreclosure sale. A homeowner should hire an attorney, in the case of a mortgage fraud where a lender is dual tracking (or processing a loan modification while also proceeding with foreclosure), to stop a foreclosure.
Having a lender send you a notice of foreclosure could be emotionally devastating and could even be a burden that will last for some time, financially. Hence anyone intending to ensure their credit rating is preserved, the foreclosure is stopped and their ability to buy another home is not affected should immediately contact a foreclosure lawyer with a track record of success in these areas.
In a bid to help homeowners prevent the loss of their homes, foreclosure laws (referred to as SB900) have been enacted in California to ensure the protection of anyone in danger. These laws put a limit on what can be done by a lender to initiate a foreclosure process. In order to take total advantage of these laws provided, the majority of homeowners would require help from a foreclosure lawyer.
The actions taken by the lender against the homeowner and the homeowner’s particular situation can be assessed by a mortgage foreclosure attorney who would compare the different methods available for getting out of the problem, and also help initiate a better plan for managing the homeowner’s money so they don’t get threats of foreclosures again.
A sale may be stopped by an experienced foreclosure attorney either by filing bankruptcy or by filing a lawsuit. So long the necessary documents for either the lawsuit or bankruptcy has been filed, the lender would be unable to go on with a foreclosure.
It is advised that a homeowner keep every document showing his/her effort to prevent defaulting and foreclosure, and communication from a lender concerning a foreclosure intact. This includes all emails, scraps of paper, and a record of all phone calls. The idea here is for the homeowner to collect documents or evidences (required by a foreclosure lawyer) that will aid a strong argument against the lender should he default.
A lender, under SB900, is not meant to proceed with a foreclosure if the individual borrowing is seeking his assistance with a foreclosure by making an application for a loan to be modified. Even in the event that the homeowner is denied a short sale or turned down on the modification of the loan, he still has a 30 day window in which his mortgage foreclosure attorney can file an appeal and demonstrate to the court and his lender that he is able to handle the loan. In this time period, the homeowner has some time to search for alternatives to the foreclosure. One of these alternatives, a short sale, is possible if the lender agrees with the borrower to place the property on sale for less than is owed him on the property. An obvious benefit of this is that the homeowner comes out of the situation debt free.
A mortgage foreclosure attorney should be called immediately by any homeowner with a wrongful claim of foreclosure against a lender. The attorney will either file a lawsuit against the lender for violating the foreclosure laws of California or file bankruptcy thereby stopping the foreclosure and protecting the homeowner in the majority of cases. There are usually no guarantees when a lender says they will help as most of them proceed unto foreclosures after assuring you but you are sure going to get help when you contact a lawyer.
All California residents can get free consultation to stop foreclosures when they contact Consumer Action Law Group upon receiving a notice of trustee sale or a notice of default and the attorneys will help you get the best option for stopping the foreclosure.
To get help with foreclosures immediately visit http://ConsumerActionLawGroup.com