Ayayo Law Offices

In some cases, the lenders may not be willing to engage in any meaningful negotiations, and simply try to foreclose on your property.  California is a non-judicial foreclosure state, which means that the lender can proceed with a foreclosure sale of your home without having to file a legal action if they follow the required legal steps. 

This means that if you want to stop the bank from foreclosing on your home, and they have refused to do so informally, then you will generally need to (1) file a civil action to obtain a Court order stopping the sale while the case is pending (if there were legal violations or other irregularities regarding your loan or the foreclosure process); or (2) file for bankruptcy, which can at least delay the foreclosure sale. 

Civil litigation may make sense if the forensic loan audit turned up substantial violations in your loan, you are willing and able to cover the costs of this type of litigation, and you have some reasonable probability of being able to afford your house in the future. 

Bankruptcy may be the better path if you have substantial unsecured debt (such as credit cards, health care bills or personal guarantees on business loans or leases) that could be discharged in bankruptcy, and do not think you have a realistic chance of being able to afford your house in the foreseeable future. 

These decisions are very fact-specific, and require the advice of experienced attorneys, something most loan modification shops simply cannot offer. 

The bottom line is that we are in it for the long haul, and want to help you reach the finish line, wherever the process takes you.  Contact us today so that we can discuss how we might be able to help you.

Please don't fall into the trap of simply hoping for the best and  expecting things to work out.  Take charge of your situation and contact us today!