Real Estate Litigation

Litigation involving real estate can be incredibly expensive, time consuming and frustrating. However, when disagreements of this type arise, substantial amounts of money are often involved, and cases need to be resolved quickly, especially if there is a foreclosure situation on the horizon.

Types of Litigation

Among the top real estate lawyers Los Angeles offers, McFarlin LLP represents clients in virtually any type of real estate or mortgage litigation matter. Cases involving individual homeowners, investment property owners, commercial property owners, rental property owners, management companies, developers and homeowner’s associations all are represented by McFarlin.

And, for clients of all types, we have litigated thousands of real estate disputes, cases based on mortgage disputes, wrongful foreclosure, breach of contract, lender/broker misrepresentations, failure to modify a loan, mortgage rate adjustments, mortgage servicing and cases based on violations of the Truth in Lending Act (TILA).

Among these types of cases, wrongful foreclosure has almost become an epidemic in California. Fortunately, powerful and effective steps have been taken to rectify the problem, with State Attorney General Kamala Harris has backing legislation in response to the state’s foreclosure and mortgage crisis.

The Homeowner’s Bill of Rights

Harris’ efforts have been implemented in three stages over the last few years, the most recent component being The Homeowner’s Bill of Rights, which became official earlier in 2013. The Bill of Rights ensures lending and borrowing practices for California homeowners.

Avoiding “Dual Track Foreclosure”

One key aspect of this positive legislation is its emphasis on avoiding “dual track foreclosure.”  This term means that that mortgage providers can’t advance the foreclosure process if the homeowner is working on securing a loan modification.

Lenders eager to foreclose may not want homeowners to understand all the options available to forestall foreclosure. For example, once a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed.

Tenant Rights

Tenant rights get a boost from the bill of rights, which also makes enforcing exiting laws easier. Purchasers of foreclosed homes are required to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease entered into before transfer of title at the foreclosure sale, the owner must honor the lease unless the owner can prove that exceptions intended to prevent fraudulent leases apply.

McFarlin’s attorneys are leading Los Angeles real estate litigation advocates who have been representing consumers against mortgage lenders and servicers for many years. Many homeowners don’t realize the variety of options they have for any type of mortgage dispute. In most cases, lenders will aggressively pursue foreclosure leaving the homeowner with fewer and fewer options as time goes by. This is an organized strategy on the part of lenders to eliminate homeowner rights.

Our Experienced Attorneys

We always emphasize that new clients facing mortgage disputes, wrongful foreclosure, breach of contract, lender/broker misrepresentations and other California real estate-based issues need not come to us with a specific, laid-out “game plan” for action. We’re here to help you clarify your situation and it’s best if you simply bring us your problem and allow us to formulate a solution for you. Often this may be a combination of litigation and negotiation.

We provide our clients with a high level of service, and responsiveness. We want you to understand all aspects of the real estate and mortgage litigation process.