Need help in foreclosure what about the new bills that passed in California?

Asked over 1 year ago - Yorba Linda, CA

Is it legal for my bank (in California) to start the foreclosure process even though they're currently reviewing for modification? I believe there's supposed to be a prohibition on dual tracking. They also had changed my point of contact during the loan modification process and I read that bills were passed in California and this shouldn't happen. Also, just checked public records and found that they filed a notice of default the beginning of this month and I never received any paperwork letting me know. Aren't they supposed to send me a copy? Please help.

Attorney answers (3)

  1. Richard Alan Rodgers

    Contributor Level 16

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    Answered . If you have submitted a complete loan modification application to your first mortgage lender, the lender cannot file a Notice of Default, Notice of Sale or conduct a Trustee's Sale until after 30 days has lapsed from the lender's written denial of your application, or if the lender does approve of a loan modification, only after you refuse to accept the modification offered. [See Civil Code 2923.6 (c) ]
    If you think the lender is violating this provision of the Homeowner Bill of Rights, you should see a real estate attorney.


    Richard A. Rodgers, Esq.
    (805) 230-2525
    200 N. Westlake Blvd. Ste 201
    Westlake Village, CA 91362
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no... more
  2. Justin Drayton Graham

    Contributor Level 13

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    Answered . If you loan modification application is "complete", as that term is statutorily defined, then the lender cannot file a notice of default until it has reached a final decision on the modification application for a first mrtgage. Also, the lender must undertake, or at least attempt to undertake, pre-NOD counseling before filing a notice of default. Have an attorney review your case.

  3. Paul J Molinaro

    Pro

    Contributor Level 18

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    Answered . The new foreclosure laws and how they affect California homeowners are quite complex and confusing... and are not one size fits all... this is one of those areas of law which should involve a person spending a few hundred dollars for face to face one on one time with an experienced mortgage attorney for personalized advice.

    There new laws make a great topic for attorneys' continuing legal education credits... Nathan Fransen, Esq. of... yes, one should have seen this coming... Fransen & Molinaro, LLP is one of the lecturers / panel members (http://www.bklawyers.org/):

    Homeowner\'s Rights: What Are Your Client\'s Rights? How to Help Your Clients if Their Rights Have Been Violated.
    February 23, 2013
    Southwestern Law School - 3050 Wilshire Boulevard - Westmoreland Building - 3rd Floor
    Panelists: Howard L. Hills, Esq; Barbara J. Gilbert, Esq; Nathan Fransen, Esq; Matt Resnik, Esq.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more

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