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Foreclosure & Eviction Defense

When you fall behind on your mortgage payments the foreclosure and eviction process begins in short order. You will receive a "Notice of Acceleration" letter, and if you don't catch up on your payments immediately, you will be on the road to foreclosure:

  1. Notice of Default - Your lender will have a Notice of Default publicly filed, putting you and the world on Notice that you are behind on your mortgage and you could lose your home. You have about three months to "cure your default" (pay off all your missed payments plus various late fees).
  2. Notice of Trustee's Sale - If your default hasn't been cured, your lender will then file a Notice Of Trustee's Sale (NOTS) with your county recorder's office. A Trustee's Sale is then scheduled in as little as three weeks. If action is not immediately taken, your home will be probably be sold. You have until five days before the sale to cure your default, but our law firm can stop a sale as late as the morning of the sale. (But don't wait this long please!)
  3. Trustee's Sale - This is the actual sale and foreclosure of your home. Title will now be in the name of the buyer, who will soon record the new Deed of Trust. Some homeowners will not even know when a sale is actually occurring and once your home is sold, the status quo is changed and the burden becomes the home owner to fight to get their home back. We can files "Wrongful Foreclosure" lawsuits with the goal of rescinding (reversing) the sale and putting title back in your name.
  4. Notice to Vacate - The new owner (possibly the same Bank that foreclosed on you) will then begin Eviction Proceedings by serving the home owner with a Notice To Vacate. In most circumstances you have three days until a lawsuit is filed against you if you fail to move.
  5. Unlawful Detainer - Commonly known as an Eviction Lawsuit, this Lawsuit will then be filed and served on you. From the moment your receive this Lawsuit you have 5 days to respond or be evicted. If you have just received an Unlawful Detainer Summons & Complaint, it is imperitive that you call a qualified attorney immediately, as what you do or do not do in those 5 days can make all the difference.
  6. Sheriff's Notice To Vacate - If you fail to respond in 5 days to the Eviction Lawsuit, the person who bought your home at foreclosure will be allowed to obtain a Default Judgment and obtain an order from a Judge to have the Sheriff evict you from your home. Even if you do respond, but do so improperly, you will soon be locked out of your home.

Foreclosure Law

Today's difficult economy and unstable real estate market have led to more Americans losing their homes than we've seen in decades, which is why it's essential to know there are skilled professionals in the field of foreclosure law. There is a law firm that is just waiting to help you fight back. We understand the nuances and intricacies of these laws that can help you fight foreclosure proceedings. If you're ultimately unable to keep your home, we can advise you on how to handle the situation with your best financial, familial and personal interests in mind.

With a dedicated and experienced staff of legal professionals at your service, we provide countless years of education and expertise as well as a compassionate and personal touch you won't find from most law firms. When it comes to foreclosure laws, our staff makes sure they apply the most cutting edge legal strategies to protect you.

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