Legal Question in Real Estate Law in California
Can a private lender accept a Forebearance payment from you and foreclose on the California property one week later?
1 Answer from Attorneys
You may want to have the matter reviewed by a lawyer. Legally, the only way to stop a foreclosure without filing bankruptcy is to pay the amount to reinstate the loan. The amount to reinstate is set forth in Civil Code section 2924c. If you claim you had a separate agreement to forebear from foreclosing based on some other payment, that had better be in writing.
I just handled a case on appeal in which the appellate court agreed that the trustee's sale held in violation of an agreement to postpone the sale was void, and did not require a tender. If you have question or would like a consultation on the matter, send me a private e-mail. I only charge for initial consultations if the matter has already been in prior litigation or handled by a prior lawyer.