Foreclosure Defense Lawyer in Newport Beach, CA

Newport Beach Attorney Fighting Foreclosure Throughout California

Protect your home from foreclosure today by teaming up with Manning Law APC and our foreclosure defense lawyers in Newport Beach. If you do not do anything to stop foreclosure, your home could be taken from you without due process, even in cases where you have made a sincere and honest effort to pay your mortgage each month. We don’t believe it is right for any family to lose their home when there are options available to explore home retention. We do everything we can to help make things right and keep you in your home.

Methods to Fight & Prevent Foreclosure

Knowing a financial institution or lender intends to foreclose on your home is intimidating, of course. But it is important to not lose focus and do all you can to protect your home and family from the hardships that inevitably come with foreclosure. When you let our foreclosure attorneys act as your legal representatives, we can carefully analyze your situation and determine the best approach or approaches for foreclosure defense.

Methods to prevent foreclosure or reduce the harmful effects of foreclosure where it cannot be prevented:

• Stop foreclosure by applying the California Homeowner’s Bill of Rights: We know the law and we examine the conduct of your loan servicer under the magnifying glass of the California Homeowner’s Bill of Rights. If your loan servicer fails to adhere to the rigorous requirements of the California Homeowner’s Bill of Rights in many cases we can get a judge to issue an injunction to stop foreclosure and explore foreclosure alternatives. Our attorneys are very experienced in this process.
• Investigate unfair or unlawful servicing practices under the Truth in Lending Act and the Real Estate Settlement Procedures Act: These bodies of law provide a process to investigate, and where violations exist, to hold loan servicers and lenders accountable and provide private rights of action to file a lawsuit, potentially entitling you to stop foreclosure and recover damages. Our attorneys are also very experienced in these areas.
• Mortgage modification: A common alternative to foreclosure is a loan modification, which is a form of renegotiation of your debt to avoid foreclosure and/or bankruptcy. For example, in many cases where we stop foreclosure under the California Homeowner’s Bill of Rights the loan servicer will offer a loan modification as a way to resolve the case.
• Deed in lieu: A less common alternative to foreclosure is the deed in lieu of foreclosure, where your lender takes ownership of your property without foreclosure, saving everyone time and resources. It may also allow you to leave on your own terms and in an orderly manner as opposed to the chaotic nature of foreclosure followed by eviction which can lead to your unexpected ouster from the property.
• Deficiency resolution: If your home is sold through foreclosure, you could be held financially accountable for the difference between the sale price and the remaining mortgage balance, known as the deficiency, although this is not always the case. Our attorneys can advise you to minimize or avoid liability for a deficiency balance.
• Short sale: Lastly, conducting a short sale might to allow you to avoid foreclosure. Using our years of legal experience, we can help negotiate with your lender through a short sale, potentially allowing you to walk away with no debt and a chance at a fresh start; and avoiding the possibility of being ejected from the property after foreclosure through the chaotic eviction process.