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.

How Long Does a Foreclosure Take in California?

The duration of a foreclosure in California can vary based on individual circumstances. Typically, the process takes several months to complete, with the timeline ranging from four to nine months or longer. Various factors contribute to the length of the foreclosure, such as the type of foreclosure (judicial or nonjudicial) and any legal challenges presented by the homeowner. If you are facing foreclosure in California, it is crucial to consult with experienced foreclosure defense lawyers who specialize in California foreclosure defense. They can provide guidance on the specific timelines and legal options available to you.

To find reputable foreclosure attorneys in your area, look no further than Manning Law APC. we have the knowledge and expertise needed to help you save your home. Contact us today for a free consultation!

What Is the Foreclosure Process in California?

In California, if you default on your mortgage payments, the lender has the option to foreclose using either a judicial or nonjudicial method.

• Judicial Foreclosures: In a judicial foreclosure, the lender initiates the process by filing a lawsuit and seeking a court order for a foreclosure sale. If you fail to respond with a written answer, the lender will obtain an automatic victory in the case. However, if you decide to defend the foreclosure lawsuit, the court will review the evidence presented by both parties and determine the winner. If the lender succeeds, the judge will enter a judgment and order the sale of your home at an auction.
• Nonjudicial Foreclosures: Alternatively, the lender may choose a nonjudicial foreclosure, which involves following the out-of-court procedures outlined in state statutes. Once the lender completes the required steps, they can proceed with selling the home at a foreclosure sale.

Most lenders prefer the nonjudicial process due to its efficiency and cost-effectiveness compared to pursuing litigation in court.

It is crucial to seek guidance from an attorney well-versed in California foreclosure laws to fully understand the specific procedures applicable to your situation and explore any available alternatives.

Can a Lawyer Help Stop Foreclosure?

A skilled foreclosure defense lawyer can offer invaluable assistance to homeowners facing the threat of foreclosure. These attorneys possess expertise in negotiating with lenders and formulating effective legal strategies to help alleviate the risk of foreclosure. The services provided by a foreclosure defense attorney encompass the following:

• Educating clients on their rights under state and federal laws pertaining to foreclosure proceedings.
• Thoroughly examining all relevant documents associated with loan agreements, mortgages, and financial obligations.
• Conducting a comprehensive analysis to identify any potential issues or errors that may have contributed to payment delinquency.
• Negotiating with lenders on behalf of clients to establish repayment plans or explore alternative solutions.
• Challenging lender claims in cases where evidence of misconduct or fraud during the home sales process exists.
• Representing clients in court proceedings related to foreclosures, including trial hearings and mediations.
• Drafting necessary legal documents, such as motions to dismiss or requests for stays of executions/foreclosure orders filed against homeowners.
• Filing complaints regarding violations of consumer protection laws committed by lenders during foreclosure processes.

By engaging the services of a foreclosure attorney in California, homeowners can benefit from their expertise and advocacy, increasing their chances of finding a favorable resolution to their foreclosure predicament.

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.