Legal Question in Real Estate Law in California

Re: Stopping a foreclosure sale

You are in a precarious position. I do not know on what basis you can establish that the lender is engaging in illegal acts or stalling, as they do not have to allow you time to sell your house if you are in default with your loan, and they do not have to apply partial payments unless they they receive all of the past-due payment, so those items are not illegal. It is imperative that you take your situation to a real estate attorney for specific advice, if you want to salvage the home before you lose it; you may find that your only recourse is to file a chapter 13 bankruptcy to "buy" the time you need.

Re: Stopping a foreclosure sale

There are many things you can do to stop the foreclosure, including the filing of a civil action and requesting a stay and the filing a chapter 13 bankruptcy. If you do nothing, however, it will be very difficult to get your home back, although you may be entitled to some money. If you contact me, I can advise you what I believe your best course of action may be. I also have contacts with several investors and real estate agents who specialize in short sales. I hardly ever recommend one enter into one of those "agreements" to convey title to someone to stop the foreclosure as those agreements are almost always a scam. Be very careful. There are many people who will want to take advantage of you at this point.

Re: Stopping a foreclosure sale

There is too much going on here to answer this kind of question. The loan documents need to be reviewed. The litigation papers need to be reviewed. You need to meet with an attorney immediately. Basically, there will be an amount that you can pay to "redeem" the property. But, if you defaulted in the payments they have a right to foreclose. You must either redeem the property for the real outstanding loan obligation and costs or loose it. Again, you must consult a local attorney immediately. Good luck. Thanks for inquiring.