Legal Question in Real Estate Law in California

Due to the financial hardship I am, I defaulted on my mortgage payment since October 08. I started receiving notices from my lender in January 09 and filed for a loan modification in March 09. My loan modification failed & I was not informed by loan company & lawyer who dealt with my case.

To shorten the story, I just foun out from my bank that my property was foclosed iend of July . I tried to approach other company to win back my tiltle & to reapply for a loan mod but I get the same answer - it is too late

The bank has filed an 'Illigal Detainer against me' as my family & I stil residein this property. I am presently waiting for the trial date of my case.

I am presently searching for a litigation - real estate lawyer who can represent me in this coming hearing.


Asked on 9/22/09, 2:15 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

If what you say is true, your best bet may just be to try to negotiate a delayed move out date that you are comfortable with. We have helped many tenants and former homeowners with this process. Feel free to contact us if you'd like help.

It is possible you may have other arguments and/or defenses, but it would take a thorough review of your matter to make that determination.

Good luck

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Answered on 9/22/09, 2:19 pm

I agree with Mr. Berger. At this point all you really can do is move out and try to arrange that so that you do it in as orderly a fashion as possible.

If you had an attorney handling the loan modification for you and he/she really did not inform you it did not go through, though, it sounds like you have a malpractice case against that attorney.

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Answered on 9/22/09, 3:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There's no harm in having a "free initial consultation" with a lawyer who handles unlawful detainer matters in the county where the suit is pending, but you will probably be told that you don't really have any viable defense. Save the money a lawyer would charge for your moving expenses or for a malpractice and/or fraud suit against the loan modification people who let you down by not keeping you properly informed.

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Answered on 9/25/09, 12:34 pm


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