Foreclosure Defense in Oakland, CA
The fear of losing your home in Oakland can leave you feeling helpless. However, you have legal rights and options at your disposal. Hiring an experienced foreclosure lawyer can help you navigate the legal process and protect your rights.
We will give practical facts about California and state law to set your expectations. By reading this guide today, you can increase your odds of saving your home and finding a qualified attorney.
What Is Foreclosure?
The foreclosure process starts when a homeowner in Oakland, CA defaults on their mortgage payments. Generally, Oakland homeowners have 120 days from this missed payment as a grace period to catch up.
If the homeowner does not resolve the issue, the lender can initiate foreclosure proceedings on the house. The property gets sold to recoup the losses resulting from the owner’s inability to meet their obligations.
Foreclosure By Power of Sale
Power of sale is a provision that permits the lender to foreclose without court supervision. However, California Courts only allow this action if there is a clause in the mortgage contract for a home in Oakland. If the lender can substantiate that the homeowner satisfies the requirements, they can dispose of the property.
Foreclosure By Judicial Sale
Power of sale is a provision that permits the lender to foreclose without court supervision. If the lender can substantiate that the homeowner satisfies the requirements, they can dispose of the property. Regardless, the process can be tricky if there are title ownership issues.
Types of Foreclosure Defenses
If you are undergoing foreclosure, it is crucial to try and prevent it. Your Oakland attorney may suggest the following typical foreclosure defenses.
The Bank Didn’t Follow State Procedures
The foreclosure procedure is intricate and lengthy, which often results in mistakes. If the bank did not adhere to the protocols in Oakland, California, you might have a strong case.
The Mortgage Servicer Made Mistakes
Mortgage service providers may commit errors while managing homeowners’ accounts. Here are some of the most prevalent mistakes to watch out for:
- Mistakenly assigning mortgage payments to an incorrect account.
- Exaggerating the sum of money owed for mortgage payments
- Exorbitant penalties for late payments that were not in the mortgage agreement
- Pursuing foreclosure while a different loan modification request is under consideration (dual tracking)
If you believe that the mortgage service provider has made these errors, contact an attorney in Oakland, CA. This action is one of the most effective solutions to help you retain your home.
You’re on Active Duty
The Servicemembers Civil Relief Act (SCRA) offers unique safeguards to individuals on active duty. It stops lenders in Oakland from foreclosing on your home without a court hearing. This protection allows you to mount a defense with the support of a foreclosure lawyer.
The most significant security provided is that you got your mortgage before commencing active duty. In this situation, foreclosure proceedings must happen in court, even if it is not the standard practice.
The Foreclosing Party Lacks “Standing”
The foreclosing party is the entity that possesses the loan. If the lender cannot demonstrate ownership, they lack “standing.”
This circumstance happens because lenders package your loan with others and sell them to other institutions or investors. This back-and-forth can make it challenging to ascertain who owns the loan for your property.
The Statute of Limitations Has Passed
The statute of limitations offers a shield if a considerable period has elapsed since the last mortgage payment. It may be surprising, but certain missed payments can go unnoticed.
In Oakland, the statute of limitations for foreclosure is generally four years. However, some exceptions and circumstances may change this period. So it’s always best to consult a foreclosure attorney to understand your situation.
Additional Foreclosure Defenses
Here are some less common options for defending against foreclosure:
- You pay on a loan modification, implying the foreclosure should not have started.
- You believe the lender violated federal regulations, specifically if you have a VA, USDA, or FHA loan.
- You never received a breach of contract letter from the lender notifying you of a mortgage contract violation.
Preparing for the Foreclosure Defense Process
When a lawyer accepts your case in Oakland, California, there are no assurances of victory. Regardless, your prospects have just improved.
Each foreclosure case is one-of-a-kind and necessitates a thorough knowledge of foreclosure regulations. An adept attorney knows how to navigate the legal system and will assist you in identifying any legal loopholes.
If you reside where foreclosures always occur in civil court, your lawyer will present arguments to the judge. If you live in a state where foreclosures usually happen outside of court, you may need to file a lawsuit. Many foreclosure cases in Oakland will involve the Alameda County Superior Court. However, federal litigation would go to the U.S. District Court for the Northern District of California.
Even if you cannot halt the proceedings, your attorney can help you stall the process. Their actions could buy you valuable time to get your affairs in order.
Work With an Experienced Foreclosure Defense Lawyer In Oakland, California
Even if you think your case isn’t strong enough, an attorney may discover grounds for challenging the foreclosure. Consulting with an Oakland, CA lawyer offers an impartial opinion on whether your case is worth the effort.
Most initial consultations with an attorney are free, so there is no risk. You may also prolong the process as long as possible until you find a new one.
We even have options to find an attorney across California state lines. Call us at (866) 345-6784 or contact us online to get in touch with an experienced lawyer!
