Your Legal Rights in Avoiding Foreclosure

Know your rights to stop foreclosure in California

Review everything to find irregularity

Some of the action or behavior of your bank and lender may be considered fraud, breach of contract, racketeering, mail fraud, usury, and ultra vires.

An act of your lender is considered an ultra vires, voiding your contract if your lender exceeded its legal powers in providing your mortgage loan, preparing your loan agreement paperwork, and endorsing or transferring your loan.

Do not ever leave your home vacant!

Your lender will have a good reason to speed up the foreclosure procedures if you abandon your property as abandoned properties are subject to vandalism. And, your lender has a good justification to protect its collateral.

Special protection for people related to military

You can get a relief under Soldier's and Sailor's Civil Relief Act (SSCRA) if you are:

in the military or army reserve on duty
veteran served during wartime
public health service officer in military

This relief is in terms of suspending your financial obligations until you complete your service. SSCRA also limits the interest rate on your loan. In other words, it does not terminate your legal and financial obligations.

What can you request under SSCRA protection?

After you make your application during and within 90 days of discharge from military service, you may:

negotiate with your lender to modify your loan agreement with better terms
lower your interest rate
delay foreclosure process

Who else enjoys protection from foreclosure?

Special protection is provided not only for those in the U.S. Army, Navy, Air Force, Marine Corps, but also those in Coast Guard, National Oceanic and Atmospheric Administration (NOAA), and Public Health Services.