Legal Defense Tactics in Stopping Foreclosure

Exercise your legal rights to avoid and stop foreclosure in California

Your line of legal defense

In principle, try to negotiate and solve your foreclosure problem in an amicable manner. Litigation is costly and takes time. It keeps your mind busy with its possible implications. However, you should not hesitate to start exercising your legal rights if you feel that you have enough justification to do so.

Behavior and response of your lender

Is your lender responding to your correspondence and communication in a timely manner? You may use your lender's delayed responses and ignorance to your advantage. There are statutory limits in legal communications.

Your legal rights continue to be in effect even after foreclosure sale

You can set aside the foreclosure sale even after the sale on the grounds that:

• your bank or lender did not act properly during foreclosure process
• foreclosure sale price was unfairly low
• there was an irregularity during foreclosure sale
• contract has never been breached

Negotiation before exercising your rights

The best defense that you have is when you find fraud and/or error in your loan documentation and practice. You can challenge even if the error is simply a typographical or spelling error. An attorney and experienced real estate broker can easily find such fraud and errors.

You may negotiate with the professionals to pay their fees contingent upon finding such fraud and error. This way, you can avoid paying fees and have nothing. Due to your limited time, ask for an evaluation to be completed in a reasonably short period of time.

Need help? Review your options to get foreclosure help by professionals (lawyers specializing in foreclosure, foreclosure consultants registered to assist homeowners subject to foreclosure, debt counselors, and real estate agents in California), California state agencies, county agencies in California, consumer advocacy groups, and nonprofit organizations in California.