California Foreclosures Legal Questions

Dear homeowner, You have a few options.  You can reinstate your loan by paying the arrearage, but you will lose that right after five days before the foreclosure sale date.  Your safest bet, however, is to file for bankruptcy protection.  Bankruptcy protections provide for an automatic stay against creditors from foreclosing on your property. I would advise seeking help from an attorney so that your automatic stay does not become compromised. Mitch Abdallah... Read Answer

No, most cases for adverse possession are not successful. There are very strict guidelines for taking someone else's property, and a home is not actually property if the dwelling located on top of property. Another issue is the fact that you're only 18 years old, adverse possession does not come into play until after 20 years. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

You should consult an attorney right away or you may lose legal rights. You need an attorney to look at your deed of trust. It probably says that if the loan payments are delinquent for some particular length of time, the lender has the right to declare a default and proceed with foreclosure. It probably also says that once default is declared, the lender may refuse to accept payments. The lender is required to allow you to reinstate the loan, but he is entitled to demand costs, including attorney fees, incurred as a result of the foreclosure. If you are saying that your payments were never delinquent and the foreclosure is thus unlawful, an attorney may be able to file suit against the lender and get a temporary restraining order/preliminary injunction to stop the foreclosure process. This gives you the time and opportunity to prove that all your payments were in full and on time and therefore the default and foreclosure are illegal. However, this has to be done quickly, so you should arrange an appointment with an attorney as soon as possible. Your local county bar association may have a lawyer referral program that can set up an appointment with a real estate law specialist for a nominal fee.... Read Answer

The simple answer to your question is yes, a homeowners association may foreclose on your home for nonpayment. The complete answer to your question is, a homeowners association must file a lawsuit against you, when the lawsuit and receive a judgment, and get a lean against your property for that judgment and finally can attempt to foreclose on your property. Depending on your Homestead laws in your state will determine if they are able to successfully foreclose on your property. Here in Massachusetts, the Homestead exemption is so high, that it would be nearly impossible for any homeowners association to have enough fees in order to reach the amount needed to be able to foreclose someone in this state, but all states are different. In California, the delinquent assessments must equal or exceed $1,800 or the delinquency must be at least 12 months old before the HOA can initiate foreclosure proceedings (Cal. Civ. Code §1367.4). To learn about the laws governing HOA foreclosures in your state, review your state’s statutes.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer