Imagine you’re in California, and you got a foreclosure letter; now what? We understand that receiving a foreclosure notice can be a scary and confusing experience. It’s a situation we see often, and you’re definitely not the only one going through this. We know that it’s overwhelming, but knowledge is power. The first step in confronting this challenge is to understand your rights and options. Here at Shapero Law Firm, we’re here to be with you every step of the way and fight for what your future holds.
Now imagine a serious warning letter arriving from your lender informing you that you’ve fallen behind on mortgage payments too many times. That’s fundamentally what a foreclosure notice is. That means they’re preparing to sell your home to recover the money you owe.
In California, this warning takes two primary forms, a Notice of Default or a Notice of Sale. A Notice of Default is the first step in foreclosure, allowing you to catch up on payments and stop the process before your home can go to auction.
A Notice of Sale is where things start to get really serious. This means your house is about to be sold at auction, and you need to act fast.
Obviously, the consequences of not responding can spiral out of control in no time, and that calls for prompt action.
As soon as you receive a foreclosure notice, do not turn a blind eye. However, California law gives you 90 days to reinstate your loan after a Notice of Default, meaning you have time to respond− Know that you have rights, including protections that require lenders to negotiate in good faith and begin compiling your defense plan by reviewing options such as negotiation with the lender, assistance programs or legal representation.
It’s not too late to save your home, but acting quickly is essential. You could negotiate with your lender to adjust your loan terms, consider filing for bankruptcy to delay the process, set up a repayment plan to catch up on missed payments, or take legal action if your lender violated foreclosure laws.
Remember, you don’t have to face this alone. Learn more here about specific steps to stop a foreclosure auction in California and how these options could apply to your case.
Okay, so you’ve got this foreclosure notice in your hand. Deep breath, you can do this. Here’s what to do next:
Take a good look at your foreclosure notice to know precisely what you’re dealing with. Read it carefully, noting particularly the amount due, the response deadline, and your lender’s or mortgage servicer’s name and phone number. Don’t gloss over it—every line is important, and missing something may cost you precious time and jeopardize your home.
Don’t put this off—call your lender or mortgage servicer as soon as possible. The sooner you reach out, the better your chances of finding a solution. You might be surprised at how willing many lenders are to work with you, especially if you show that you’re serious about catching up on missed payments.
If you’re in California, connecting with an experienced foreclosure defense attorney is a smart move. They can give you tailored advice, protect your legal rights, help you negotiate with your lender, and even represent you in court if needed.
In California, foreclosures typically bypass the courts due to its non-judicial foreclosure system. However, homeowners benefit from robust legal protections, including the Homeowner Bill of Rights, which prevents lenders from pursuing foreclosure while negotiating a loan modification.
Lenders are also required to explore alternatives in good faith through mandatory mediation, and homeowners have the right to reinstate their loan by paying missed payments up to five days before the foreclosure sale. These protections are vital for crafting a strong defense and safeguarding your home.
Of all the stressful experiences one may have related to one’s home, foreclosure probably tops the list. In any case of this type, a foreclosure defense attorney is a big plus. They will mediate your case with the lender when communication has broken down, explore options for bankruptcy to halt the process temporarily, or even prepare and file a case to contest an illegal foreclosure. Their guidance gives you a better chance to save your home and your future.
Don’t let a foreclosure notice decide your future. Contact Shapero Law Firm today for a free consultation and learn how we can protect your home and your rights.
With over a decade of litigation experience, Attorney Sarah Shapero, founder of Shapero Law Firm, has secured seven-figure jury trial wins and saved countless homes from foreclosure. A Super Lawyer and Lawyer of Distinction, she brings expertise in foreclosure, employment, and bankruptcy law, practicing in California and federal courts.
Trust her proven track record and commitment to delivering powerful legal results.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Sarah Shapero who has more than 10 years of legal experience as a real estate attorney.
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