Legal Question in Real Estate Law in California
Bought a house in California 3 years ago. Same old song and dance, rate went up could no longer afford. Went to the bank for help and was refused 3 times. So walked away...later tried short sale, and the bank rejected each offer. Now the latest buyer has walked because the bank took too long, and the listing is up. I am done trying the short sale route, and just want the bank to foreclose. It has been in foreclosure now for over a year. My health has suffered during this ordeal...high blood pressure, heart rate, anxiety, now diabetes, and I am on medication for all. I am truly afraid that if I don't get this house out from under me soon, my health will further decline. I have a wife and a 5 year old little girl, and all of this affects them as well. I need to know what if anything can be done here.
3 Answers from Attorneys
You could try one of the numerous loan modifications firms and/or law offices that claim to be able to get modifictions, but a large number are crooked, they all seem to overstate what they can do, and you must spend some time investigating them.
You could write the CEO of the lender [letter wil be read by one of his/her assistants] telling them that their refusal to act in a timely fashion has caused you numerous medical problems, and lost them a lot of money, and it may qualify as one of the banned actilvity under Federal consumer laws. You are willling to waive all time requirements so that they can have the foreclosure sale as fast a possible. That likely will not work, but it is worth a shot.
Once the foreclosure sale does occur, you will have to find another place to stay [and the mony for the rentt] and undergo other stresses, so are you sure you want to just trade one stressful situation for another?
If you truly just want to walk away, offer the bank a "deed in lieu of foreclosure," and see what they say. If they say no, move out and ignore them. They will foreclose when they get around to it. Just make sure it is a no-recourse loan.
As you know, you can not force a lender to refinance or renegotiate. Your 'best' option is to simply stop making payments, if you haven't already, and stay until forced out upon actual foreclosure. That might be a long time, given today's market. Save your money for lease payments later.