Los Angeles Wrongful Foreclosure Attorneys

Recover Damages with Help From Our Wrongful Foreclosure Lawyers

If you are the victim of wrongful foreclosure proceedings, we understand how stressful such a situation can be. Our team of wrongful foreclosure attorneys in Los Angeles has sued all of the major banks, including Wells Fargo, Chase, and BofA for issues such as loan modifications, breach of contract, wrongful evictions, principal reductions, and the reversal of wrongful foreclosures.

The attorneys at Gomez Law, APC have experience in mortgage banking laws, effective foreclosure defense, eviction laws, and bankruptcy laws. With our team of Los Angeles wrongful foreclosure lawyers by your side, we can sue your former lender and recover monetary damages for you. We may even be able to reverse the foreclosure sale entirely and get you your home back! All the following are possible when you hire our law firm:

• Collect damages from your lender

• Collect foreclosure sale surplus

• Unwind a sale and return your home to you

• Remove fraudulent liens

Understanding California Foreclosure Laws

When you’ve lost your home to foreclosure, sometimes all is not lost! A wrongful foreclosure attorney in Los Angeles gives you the justice – and money – that you deserve. Various facets of California’s real estate law only protect homeowners when they file a lawsuit against their mortgage lender in state or federal court. These laws offer statutory minimum awards, which include the attorney’s fees to be paid by the bank in certain cases. We also seek damages for slander of credit or title, loan modifications, breach of contract damages, negligence, unfair trade practices, and more.

Foreclosure Alternatives

There are comprehensive means for a homeowner to explore different alternatives to foreclosure, and our wrongful foreclosure lawyer can shed light on this matter. Since the country has seen one of the biggest foreclosure crisis in history, several states have already put different mediation programs in place that are designed to provide homeowners struggling with their mortgage payments with utmost assistance.

While this is not exactly the case in California now, it has taken measures to pass legislation that pushes loan servicers to seek alternatives prior to filing for foreclosure. For instance, the state enacted the Homeowner Bill of Rights in 3p-13 after SB 1137 was passed in 2008. This bill has helped hundreds of homeowners entangled in the legal battle to keep their homes.

The California Homeowner Bill

In this state, the vast majority of foreclosures are non-judicial in nature. This means that lenders are not required to appear before a state court to obtain foreclosure of a certain property. They simply must follow a statutory procedure, and the borrower “trusts” that they did not violate the law. However, foreclosure homeowners can win damages from their mortgage servicer if the lender did not follow all the various requirements of the law. Fortunately for you, California has some of the toughest laws for non-judicial foreclosure, and lenders often violate them.

For example, the California Homeowner’s Bill of Rights, SB 1137 passed in 2012, prohibits any lender from sending the Notice of Default to homeowners until 30 days after the servicer managed to contact the borrower and assess his or her financial condition. This means that the lender should exhaust all possible options before sending the said foreclosure notice. As per the provisions stated in SB 1137, the lender is also required to communicate directly with the borrower either personally or over the phone to inform them of their right to request a meeting. The servicer should likewise remind the homeowner of the opportunity to explore other means prior to resorting to foreclosure.

If the homeowner agrees to a meeting, then they can do so within 14 days. The meeting could also take place over the telephone if deemed more convenient on either end. The said assessment of the financial condition of the borrower can be completed either during the first meeting or during the subsequent meeting. In addition, the servicer is also required to provide the homeowner with a toll-free number given by the US Department of Housing and Urban Development.

In the event that the lender of servicer tried to contact the borrower via the phone on several occasions but to no avail, then the servicer should send a certified letter attaching a request for a return receipt. The said letter should likewise indicate the toll-free number and should inform the borrower of the possible options of foreclosure alternatives.

Aside from being required to exhaust all possible means to contact the borrower, a servicer must also indicate or post a link on its official website on relevant information about ways to avoid foreclosure, the toll-free contact number that any borrower could call if they wish to know more about these options, and information on the toll-free number provided by HUD to aid homeowners in searching for housing counseling agency. Moreover, the website of the lender should also feature the different financial documents that are required to be submitted by borrowers when requesting legal assistance on exploring foreclosure alternatives.

These are just some of the rules that mortgage services must follow before they can legally sell your home at a foreclosure auction. If they don’t follow the rules, they can be forced to pay the foreclosed borrower fines, penalties, attorney’s fees, and/or economic damages. Our experienced attorneys have won clients as much as $200,000 in damages.

Homeowners’ Right to Sue with Wrongful Foreclosure Attorneys

Yes, it is possible – homeowners whose rights under the California Homeowners Bill of Rights were violated can sue abusive or incompetent lenders. The court may also give hefty penalties on firms, lenders, or mortgage servicers who are found to have intentionally violated the rights or any provision in the HBOR. Big monetary penalties plus other civil sanctions await those who refuse to abide by this law.

The law in California has proved that the state is also taking measures to help people keep their homes. It is also possible for any loan provider or servicer to be slapped with a civil penalty of up to $7,500 if they are proven to have processed unverified or ‘robo-signed’ documents.

So, are you ready to get the justice you deserve? When searching for a wrongful foreclosure attorney in Los Angeles, it is important to ask all the possible questions you have to determine if suing your lender is feasible.

Why Choose Gomez Law, APC?

Our attorneys have obtained success in courts throughout California. By focusing on becoming experts in fundamental real estate law areas such as foreclosure defense litigation, we have obtained above average results for our clients. We only take a select number of cases, and you will get to meet with one of our partner foreclosure attorneys who will explain the foreclosure process and answer any of your questions. If bankruptcy is a better option for you then we can have one of our attorneys walk you through the filing process.

Examples of Our Wrongful Foreclosure Case Results:

$233,000 vs. Bank Of America – 2016 – Wrongful foreclosure case. Breach of contract of our client’s San Bernardino home. We filed the lawsuit, won the demurrer, proceeded with discovery, and then settled the case at mediation. Bank of America started with a low settlement offer at the beginning of the case and then eventually at the end of the mediation agreed to $230,000. Attorneys Ashlie E. Fox and Mark A. Gomez worked on the case.

$120,000 vs. JP Morgan CHASE Bank – 2014 – Wrongful Foreclosure of our clients’ Los Angeles home. Clients’ parents passed away, at which time CHASE accepted some payments from the clients and then later rejected others. Additionally, our firm alleged that payments were misapplied and various Homeowner Bill of Rights laws was violated. A lawsuit was filed, and after lengthy foreclosure litigation, a settlement between all of the parties was reached at mediation. Attorneys Ashlie E. Fox and Mark A. Gomez handled the case.

$100,000 vs JP Morgan CHASE Bank – 2013 – Wrongful foreclosure of our client’s Orange County home. This was the first Homeowner’s Bill of Rights case that our team settled under the new law that came into effect on January 1, 2013. We filed the lawsuit in early 2013, and without filing a response, CHASE settled immediately. Attorneys Ashlie E. Fox and Mark A. Gomez handled the case.

$1 Million Judgment Recovered & Possession Of Client’s Home – 2016 Los Angeles County Case – Million dollar personal residence of the client had been wrongfully foreclosed. Defendant lender was forced to pay our client a $1 million judgment, along with returning the title to the client, which also had plenty of equity. An interpleader action was filed and the monies were deposited with the court. To add to the issues, there were renters in the subject property who refused to vacate. Our team responded to the interpleader filed by the bond company and was able to have the foreclosure judgment released to the client. In addition, we filed an eviction matter against the tenants and forced them to vacate the property, so the client could finally move back into his home after winning his case.

Wrongful Foreclosure APPEAL Win – Valbuena v. Ocwen – 2015 Los Angeles Superior Case – We successfully reversed the lower court’s decision on appeal. The case was focused on the Homeowner Bill of Rights violation by Ocwen Bank. The appeal was later published and has been used by attorneys throughout California to help sue the banks for wrongfully foreclosing on homeowners. The case was later settled by a confidential settlement, but we can say that the clients are back in their home and the title was returned to their name after the bank had foreclosed and taken the title in 2013.

If You Are A Homeowner Facing Foreclosure, Contact Our Firm Today

Do not hesitate! Call Gomez Law, APC today at (213) 772-6404 to schedule a free consultation with our team. We offer legal representation to residents of Los Angeles and Southern California.