Legal Question in Real Estate Law in California

Re: forecloser

A lender cannot foreclose unless the borrower is in default. If you are current on the payments, ask yourself if you're complying with all the other terms of the mortgage, such as carrying the required insurance, paying the property taxes, doing maintenance, not violating any zoning or other laws, etc. etc.

A real estate foreclosure must follow steps set forth in the Civil Code or it will be voidable by the borrower. The lender or trustee should have served you with a Notice of Default specifying what it is you have done, or failed to do, that warrants foreclosure.

I suggest you find a local real estate lawyer and get a free initial consultation. Bring your notes and trust deeds as well as all recent communications from the lender or trustee.

Re: forecloser

If you're all paid up and now behind in any payments the lender is try to play games with you. He is try to take advantage of you when I don't like him. Don't, don't do anything without getting out of the share in sitting in one in front of a real live real estate attorney. Stop the Web stuff and try a human being who knows what he/she is doing who can help you personally, and quickly. Keep making your payments timely.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: forecloser

If you are current on the 2nd, the realtor can not foreclose. We would be happy to review your documentation if you fax them to me with your phone number to 714 363 0229. We handle cases throughout California. The realtor will have to wait until the note is due and then has to follow certain procedures for a balloon payment if that is the way your note is written.