Foreclosure Lawyer Helping Protect Your Home
Fighting for you throughout the foreclosure process in California
Invictus Law, P.C. helps individuals and businesses defend against foreclosure proceedings so they can keep their property. We serve clients throughout Orange County — including Orange, Santa Ana and Irvine — and Riverside and San Bernardino counties. California’s rate of foreclosure is 10 percent, significantly higher than the national average of 1 percent. We help you find the legal resolutions you need at affordable prices and provide you with the attention you deserve.
How the foreclosure process works in California
In today’s real estate market, it’s increasingly tougher to make the necessary payments on your mortgage or home equity loan. If you cannot pay, the lender can foreclose on your property, forcing its sale for payment. The lender must contact you to make an assessment of your financial situation and explore your options. It is helpful to have an attorney meet with the lender to discuss alternatives to foreclosure.
If you and the lender cannot work out a plan, the lender records a notice of default in the county where you live, beginning the public foreclosure process. You receive a copy of this notice through certified mail. You have 90 days to pay the amount owed. Be wary of any companies that contact you to avoid foreclosure during this time. There are many scams and frauds, since the notice of default is a public record.
If you cannot pay the amount you owe, the lender records a notice of sale and your home will be sold at auction.
Bankruptcy is one alternative for saving your home from foreclosure
If you’re eligible to file under Chapter 13 bankruptcy, you may be able to stop foreclosure proceedings and keep your home. However, you are still liable for the mortgage payments. If you file under Chapter 7, your assets are liquidated to pay off creditors and you are not protected against foreclosure.
Our attorneys help you find foreclosure alternatives
Our foreclosure attorneys serve clients in Orange, San Bernardino and Riverside counties and have the financial and legal backgrounds to identify viable alternatives to foreclosure. The federal government offers programs, such as the Making Home Affordable Program (MHA), to help you lower your monthly payments. Other programs that help you modify your loan to lower your payments include:
- Home Affordable Modification Program (HAMP): This program lowers your monthly mortgage payment to 31 percent of your monthly gross income.
- Principal Reduction Alternative (PRA): This program can help if your home is worth significantly less than what you owe on the mortgage.
- Second Lien Modification Program (2MP): This program applies to second mortgages through which you may qualify for a reduction on a home equity loan.
- Home Affordable Refinance Program (HARP): If the value of your home has deteriorated, you may be able to refinance through this program.
Additional federal programs are available if you’re unemployed. At Invictus Law, P.C., our foreclosure lawyers can review your mortgage and lien documents to uncover any other possible avenues of relief, including loan modification.
Defense against foreclosure involves legal review
Our attorneys can probe into the steps your lender took in the foreclosure process. If there were any missteps — for instance, not sending you a copy of the notice of default — we can prepare a case in your defense. And our thorough examination of your mortgage and lien documents helps us understand all the terms and conditions. If these have been violated in any way, evidence could prove helpful to your case. A frequent defense strategy involves tracking down who actually holds the ownership of your mortgage — your lender may not actually hold it.
Foreclosure can also affect business property
Foreclosure is not limited to homeowners. It can also affect commercial property. Bankruptcy may provide an alternative, but so can an aggressive defense, including identification of the mortgage owner and probing into whether proper protocol, such as notification, was followed. Our goal is to protect your business and your employees.
Take the first step toward stopping foreclosure on your property with a free legal consultation
Invictus Law, P.C. helps you learn what your options are for avoiding and defending against foreclosure on your residential or commercial property. Call us at (949) 287-5711 or contact us online to arrange for your free initial consultation. We take calls around the clock and have two convenient office locations in Santa Ana and Ontario, California.