It’s overwhelming to be faced with a notice of default and foreclosure when you want to keep your home.
Attorney Brian Davalos is the foreclosure attorney Stockton homeowners can rely on to speak with mortgage lenders and to fight in the foreclosure court if necessary. When it comes to any lawsuit, especially in foreclosure defense, time is of the essence. If you’re facing a notice of default or notice of a trustee sale, it’s important to know that you have options. Contact a Stockton foreclosure attorney at Davalos Law Firm today.
Experienced Foreclosure Attorneys Stockton Can Trust
When you’re faced with foreclosure, you want to hire foreclosure attorneys in Stockton that have the experience you need to stop the foreclosure process in its tracks. The Stockton foreclosure attorneys at Davalos Law Firm know how to skilfully navigate the foreclosure process.
We know your homeowner rights front to back to keep your home protected to the best of our ability. We understand how the state and federal law impacts the foreclosure process. Banks and mortgage lenders threatening foreclosure are under strict regulations that require they follow specific legal processes.
Why Choose Our Stockton Foreclosure Attorneys?
When you choose to work with Davalos Law Firm, you’re working with experienced, respected foreclosure attorneys Stockton homeowners trust. Our Stockton foreclosure attorneys will take the time to discuss your legal options so you can feel confident in every legal step you take.
We’ll help you carefully make the informed decisions that are right for you and your specific foreclosure situation. Our Stockton foreclosure attorneys will be with you every step of the way to help you overcome this stressful time and regain financial stability.
To learn more about our foreclosure defense or to schedule a consultation with our foreclosure defense attorneys in Stockton, contact the law offices of Davalos Law Firm today.
Frequently Asked Questions
I have been working with my lender trying to work out an alternative to foreclosure and I received notice that they are going to sell my home at a Trustee Sale. What California laws protect me from the bank selling my home?
Most likely the Home Owner’s Bill of Rights also known as HBOR. If your lender/loan servicer fails to adhere to the rigorous requirements of the California’s HBOR laws, in many cases we have been successful in petitioning a court to issue an injunction to stop foreclosure and allow you to explore foreclosure alternatives.
What is dual tracking? How can it help protect my home?
Dual tracking refers to the practice of moving ahead with the foreclosure process while simultaneously evaluating a homeowner for a loan modification or other assistance. Whether through negligence or malicious intent, dual tracking was a very common practice in the mortgage lender and loan service industry. HBOR was passed, in large part, to rein this type of illegal conduct in. Both large and small servicers are prevented from moving forward with
foreclosures—through recording a notice of default, notice of trustee sale, or by conducting the sale itself—while a complete, first lien loan modification is pending. Basically, the servicer must provide a written denial and wait for an appeal period to expire before moving forward with foreclosure.
What is a complete, first lien loan modification application and why is it important?
HBOR’s dual tracking provisions only protect homeowners once they have submitted a complete, first lien loan modification application. Applications to modify second liens, like home equity lines of credit, do not trigger dual tracking protections. An application is “complete” for purposes of HBOR “when the borrower has supplied the mortgage servicer with all documents required by the mortgage servicer within the reasonable timeframes specified by the mortgage servicer.” Courts have interpreted this definition in a number of different ways, but homeowners must be prepared to show that they timely complied with all of servicer’s requests for documentation, for example, with an electronic or written delivery confirmation.
What did HBOR change?
Before HBOR was enacted, it was very difficult for homeowners to hold loan servicers accountable for wrongful acts the servicers committed when homeowners sought assistance to avoid foreclosure. HBOR spells out a servicer’s responsibilities during the loss mitigation process and allows a homeowner to sue the servicer in court for certain specified violations. With HBOR, a homeowner is able to obtain an injunction to stop a pending foreclosure sale until the loan servicer complies with its statutory obligations. If a foreclosure sale has already taken place in violation of the law, HBOR allows a homeowner to recover damages from the servicer. HBOR also allows homeowners’ attorneys to recover attorney fees from servicers if the homeowner prevails, making it more likely that homeowners will be able to find legal representation.