Q: Where are you located?
A: Corporate Headquarters 5121 van nuys #203a Sherman oaks California 91403
Q: What is a hearing?
A: In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a Parliamentary committee. A hearing is generally distinguished from a trial in that it is usually shorter and often less formal
Q: What is an appearance attorney?
A: A substitute or outside Attorneys hired to represent our firm
Q: What is a motion?
A : Written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the Movant. … The motion may also request that the issue be addressed at a hearing before the judge with all parties present.
Q: What is a demurrer?
A: A (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. A hearing before a judge (on the law and motion calendar) will then be held to determine the validity of the demurrer. Some causes of action may be defeated by a demurrer while others may survive. Some demurrers contend that the complaint is unclear or omits an essential element of fact. If the judge finds these errors, he/she will usually sustain the demurrer (state it is valid), but “with leave to amend” in order to allow changes to make the original complaint good. An amendment to the complaint cannot always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit. If after amendment the complaint is still not legally good, a demurrer will be granted. In rare occasions, a demurrer can be used to attack an answer to a complaint. Some states have substituted a motion to dismiss for failure to state a cause of action for the demurrer.
Q: What is a foreclosure?
A: A Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Q: How to stop a foreclosure?
A: A Balance must be paid off in full for Lender to stop foreclosure or. Court order / written agreement signed by the lender. The court order can be a result from bankruptcy or lawsuit!
Common agreements can stop a foreclosure such as short sale , deed in lieu of foreclosure, loan modification ( for those experiencing hardship )
Q: How to stop a California foreclosure?
A: The key is to actively negotiate with your current lender or a new lender to try to stop foreclosure so you can keep your home or property. Contact your lender and request a current mortgage payoff statement. Contact the foreclosing lender and ask for a forbearance. Pay off the full balance of the mortgage loan.
Or obtain a court order to stop the sale
Q: How can I stop my foreclosure sale date in California without doing a bankruptcy?
A: You must obtain a court order otherwise known as a TRO
temporary Restraining order
Q: How to avoid foreclosure?
A: Do not miss more than 3 payments , Missing payments can cause a default and by law the lender can start the foreclosure process.only way to stop foreclosure would be to pay the default balance in full or to take full action
Q: How to prevent foreclosure?
A : Do not miss any mortgage payments to your lender if something occurs where you need help and your struggling to prevent foreclosure you need to seek legal help
Q: What is a deed in lieu of foreclosure?
A: A deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings.
Borrower will agree for title to be give to the lender and the lender will allow the borrower to walk away from the property without any obligation
To file for deed in lieu please contact one of our Legal Attorneys
Q: What is a loan modification?
A: A loan modification is a permanent restructuring of the mortgage where one or more of the terms of a borrower’s loan are changed to provide a more affordable payment. With a loan modification, the lender may agree to do one of more of the following to reduce your monthly payment: reduce the interest rate. In order to qualify you must demonstrate a hardship ,borrower must also demonstrate the ability to make payments during a trial process before loan will be modified
Q: Where do I find an affordable foreclosure attorney?
A : Los Angeles Legal Law firm is your best bet when it comes to protecting you from foreclosure our Attorneys and legal staff will work Diligently to help you call us now for a free legal evaluation
More information on the Foreclosure Process
Mortgage Fraud and Wrongful Foreclosure FAQs
Q: How to sue mortgage company? Can you sue a mortgage company?
A: Filing a lawsuit against a mortgage company or lender involves a series of steps: from writing a filing a complaint and summons to going to court and making the argument before a judge. The most important step is to make sure that you accurately describe all facts and details to make the legal arguments that apply and support your claim.
Q: How do I sue my mortgage lender?
A: To sue a mortgage company, it’s best to contact a specialized attorney that practices Real Estate law or a mortgage litigation attorney. For those that live in California, it is best to contact us and talk to one of our foreclosure lawyers. The call may save your home, and your credit score!
Q: Can a lender sue after foreclosure?
A: Yes. A lender can sue a borrower after foreclosure. The most common lawsuits against a borrower are eviction lawsuits [unlawful detainer actions] and deficiency lawsuits [brought by lenders that are trying to recoup their losses after a foreclosure sale].
To defend a lawsuit against a lender it is best to hire a litigation attorney with years of experience in this area of law [eviction and mortgage litigation specifically].
Q: Is it illegal to foreclose on a home during a loan modification?
A: YES! It is illegal to foreclosure on a home during a loan modification in California. Under the California Homeowner Bill of Rights, a lender is required to stop the foreclosure process when the borrower is under review for a loan modification. This violation is called “dual tracking”. It is best to talk to an experienced attorney if your lender is moving forward with a foreclosure or sending you notices threatening to move forward with foreclosure while you are in the process of applying for a loan modification.
Q: What is predatory lending?
A: Predatory lending is when a lender charges a borrower very high interest rates or otherwise takes advantage of a borrower. Some common examples include lack of disclosure, not translating documents, not explaining terms of a loan, or misrepresenting important facts and figures.
Q: How to stop predatory lending?
A: To stop predatory lending it is best to hire a predatory lending attorney with years of experience in this area of law [mortgage litigation specifically]. For those that live in California, it is best to contact us and talk to our mortgage lawyer. It is free.
Q: What is a litigation attorney?
A: A litigation attorney is a lawyer who files lawsuits. The term “litigation” usually refers to a lawsuit filed in civil court [not a criminal matter]. When a lender violates the law, a litigation attorney files a lawsuit on behalf of the borrower
File Bankruptcy FAQs
Q: What is Bankruptcy?
A: Bankruptcy is a legal process that makes it possible to eliminate unsecured debt [credit cards, medical bills] while keeping necessary assets [House, car, personal belongings]. Bankruptcy can be filed by a person or a company. Bankruptcy also makes it possible to repay past due debt owed for secured loans [mortgages, car loans] through a payment plan.
Q: What is chapter 7 Bankruptcy?
A: Chapter 7 bankruptcy is filed to eliminate unsecured debt. Chapter 7 can be filed by a person or a business to wipe out credit cards, medical bills, or loans that are not secured by assets.
Q: Can I file bankruptcy electronically?
A: Yes our Attorneys have special software that can have you filed electronically
Q: Do I have to attend the court if I file bankruptcy?
A: Yes after filing BK you have to meet with the courts
Q: How does a bankruptcy repayment plan work?
A: A chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years
Q: What are the Benefits of filing Bankruptcy?
A: The advantages of filing for bankruptcy are: Filing for bankruptcy will trigger the automatic stay, preventing creditors from taking action to collect their debts, prevent creditors from repossessing property such as cars, including calling you, suing you, or sending you letters.Mar 5, 2018
Q: What happens after I filed Bankruptcy?
A: When you file for bankruptcy, you get an “automatic stay.” Basically, this puts a block on your debt to keep creditors from collecting. While the stay is in place, they can’t garnish your wages, deduct money from your bank account, or go after any secured assets. Ironically, bankruptcy isn’t free.
Q: Can bankruptcy improve my credit score?
A: Bankruptcy might help improve your debt-to-credit ratio. This ratio is a comparison of your outstanding debt to your available credit balance. … But if you reaffirm debts with low balances and good credit limits, or obtain new credit accounts after your discharge, this can potentially boost your FICO score.
Q: When will my bankruptcy get discharged?
A: Chapter 7 BK discharge occurs within 6-12 months of the date filed , chapter 13 BK discharge can take 3-5 years from date filed pending date of repayment agreement
Q: What debts can be eliminated with bankruptcy?
A: Generally credit card debt , Personal loans, irs debt 3years or older , medical bills along with wage garnishment ,stopping collection calls eliminating judgments also ch 13 can be filed to strip a lien
Q: What debts cannot be eliminated with bankruptcy?
A: Student loans , Child support , Spousal support cannot be eliminated thru BK
Q: Will I lose all my assets and properties, if I file bankruptcy?
A: Filing BK protects assets such as your home equity , your vehicle, household goods ,retirement fund
Q: What are the negatives for filing bankruptcy?
A: Filing BK can make it difficult to qualify for a major purchase (Home/Car) for a year and more. If you work for the government you may also be affected in your employment. Many employers ask wether applicants have filed bankruptcy
Q: How to file for chapter 7 bankruptcy?
A: You may contact a BK lawyer in your state or call us for free legal advise
Q: What is chapter 13 Bankruptcy?
A: Chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years
Q: How does Chapter 13 work?
A: Similar to a CH 7 regarding elimination unsecured debt. It is different with respect to paying debts such car loans and mortgage. People choose ch13 to start repayment while catching up on the past due. As a rule, in order to file Chapter 13 bankruptcy, the court requires proof of income sufficient to pay the monthly mortgage, any car loans, all monthly expenses plus a plan payment [to catch up on past due secured debt obligations]. A chapter 13 also makes it possible to strip a second lien [as long as it is not secured] such as a HELOC or a 2nd mortgage.
Q: When to file Bankruptcy? When to declare Bankruptcy? How to claim bankruptcy?
A: Most people declare BK when the pressure from creditors are too much to handle or there is legal action pending that will cause loss of car and home.
Upon BK creditors must stop all efforts to collect their claim and answer to the courts to continued abiding by the bankruptcy code
Q: How to apply for Bankruptcy?
A: Filing a bankruptcy involves a series of steps: from completing the required forms to going to court and appearing before a judge. The most important step is to make sure that you accurately disclose all debts and liabilities to the court and to make sure that your assets will be protected from creditors.
Q: How to file Bankruptcy?
A: To file BK it’s best to contact a bankruptcy attorney within your state please contact us for free legal advice.
To file there specific forms the courts require specific information.
Add up a rough estimate for each item. Then, collect and add up your bills and credit statements. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way out of a sticky financial situation. However, bankruptcy shouldn’t be approached casually
Q: How much does Bankruptcy cost?
A: Legal fees for Bk can range from $800 for a basic ch 7 up to $4500 for a serious ch 13 Factors that can add to fees include:
• Filing for a business bankruptcy as well as a personal one
• You have multiple sources of income
• You earn more than your state’s median income for the size of your household
• Having an extensive number of creditors
• Having filed for bankruptcy before in the past eight years
• Trying to stop another legal action such as a foreclosure filing against your property, an eviction, a bank levy or a repossession of property that served as loan collateral
• Accusations that you committed fraud, or the likelihood that such accusations might be made
• You have non-dischargeable debts such as student loans, child support, alimony or past-due taxes