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Wrongful Foreclosure FAQ

If you believe that your home was foreclosed illegally, you can file a wrongful foreclosure civil action. There are many reasons why you may feel that your home was taken away through an act of fraud. There are many unscrupulous lenders, predatory foreclosure mediators, and foreclosure processing errors that have affected families in Orange County and throughout Southern California.

Can I face foreclosure even if I’m not behind on payments?

You are not supposed to lose your home if you have stayed on top of your payments. However, processing errors have led to a number of wrongful foreclosures in California. Anyone facing this type of wrongful foreclosure should immediately take action by contacting an attorney.

What if the bank foreclosed after telling me to fall behind on payments?

Many banks have mistakenly told homeowners that they must fall behind on payments before they are eligible for a loan modification. Of course, once homeowners fall behind, their risk for facing foreclosure increases dramatically. This points to just how important it is to have solid real estate advice before making any major decisions.

What if I have been the victim of predatory lending practices?

There are many lending companies that take advantage of homeowners to make a quick profit. Illegal practices that may lead to a wrongful foreclosure include the padding of fees such as late fees, inspection fees, broker-price opinions, and more. Some of these fees are not legitimate. If you are facing foreclosure because of predatory tactics, you may be able to keep your home.

Where can I learn about my rights?

All homeowners should acquaint themselves with The California Homeowner’s Bill of Rights. Since 2013, the bill of rights has ensured fairness and transparency in lending practices. It also provides a number of important rights to tenants and homeowners. If a deceptive lender has defrauded you, the bill of rights allows your attorney to investigate and prosecute your case.

When should I act?

You do not have to wait until you are foreclosed on or until you are kicked out of your home before taking action. The moment you begin to worry that you are being mistreated or that you are going to fall behind on payments because of unexpected fees, you should reach out to an experienced Orange County foreclosure attorney. There may be time to stop the foreclosure or to hold the bank accountable for their wrongdoing.