Orange County Foreclosure Litigation Lawyer

Orange County Foreclosure Litigation Attorney

Foreclosure isn’t always something a business owner can see coming, and once it starts, it’s difficult to know how to stop it. There are many stages of commercial foreclosure, and to get optimal results, a borrower facing foreclosure should speak with an Orange County foreclosure litigation lawyer to discuss the options available and the proceedings of litigation.

Scheer Law Group, LLP, represents commercial businesses in legal matters such as foreclosure, bankruptcy, collections, and dozens of other areas of financial and business law. When a client comes to us with foreclosure issues, our team of lawyers typically has multiple options to offer. Once the circumstances are assessed and our client’s goals are determined, we immediately take action on behalf of our client.

Stages of Foreclosure

There are two types of foreclosure in California: judicial foreclosure and non-judicial foreclosure.

Nonjudicial is much easier and is more common because it allows a lender to sell a property that is in foreclosure without going to court, but it prohibits the option for them to go after remaining debt after the property sells. If the borrower believes the lender did not go about the foreclosure lawfully, the borrower can challenge the process by which the lender obtained foreclosure and potentially get a wrongful foreclosure reversed.

In a judicial foreclosure, in order to get a foreclosure on a property, the lender must file a claim against the borrower and obtain a court order for foreclosure, often referred to as a complaint for foreclosure or petition for foreclosure. The borrower may challenge the foreclosure if they believe it’s not valid or if they believe the lender did not follow legal procedures properly.

If the foreclosure sale goes through, and none of the borrower’s attempts to derail it are successful, the lender may pursue a deficiency judgment for any remaining debt not covered by the foreclosure sale proceeds. If the borrower has a good Orange County foreclosure litigation lawyer, the borrower might employ one of the more common borrower defense strategies.

Foreclosure Defense

Some common defense strategies often used in foreclosure litigation are as follows:

• Challenging the validity of the original loan
• Alleging misconduct by the lender committed either before or during the foreclosure proceedings
• Claiming the lender failed to comply with legal requirements for foreclosure procedures
• Making a claim that the lender failed to provide notice or did not give the borrower an
  opportunity to make it right on the loan

There are many different disputes that can arise between a lender and a borrower, especially amid foreclosure proceedings. This can be an extremely stressful time, especially for the borrower. Any type of complaint made against a lender in a foreclosure case should be made alongside the legal guidance of an experienced Orange County foreclosure litigation lawyer.

Alternatives to Foreclosure

Commercial foreclosures are reportedly on the rise in California, which has one of the highest foreclosure rates in the country. Analysts attribute this to growing financial strain within the commercial sector, interest rates, a shift in property demand, and other financial pressures.

California businesses that fall into foreclosure have options regarding their loans that can ultimately prevent the loss of a business and/or property. Some of these options are detailed below.

• Loan Modification
• Receivership
• Bankruptcy
• Forbearance
• Refinance
• Sale of property
• Partial claim
• Deed in lieu of foreclosure
• Appeal of the sale

To determine the route that makes the most sense for your commercial business or property, speak to an Orange County foreclosure lawyer to discuss your options. Foreclosure might not be the only option for a final outcome for you. In some cases, foreclosure is unavoidable, but you will not know for sure until an experienced attorney has the opportunity to review your case.

FAQs

Q: How Much Does a Foreclosure Lawyer Cost?

A: A foreclosure lawyer’s fees vary from region to region, and more experienced lawyers tend to charge a higher rate per hour. Some foreclosure lawyers charge a flat fee, and this may be offered in simple, straightforward cases, while more complex cases will be billed by the hour due to the level of work that is involved in the case.

Q: Do You Need an Attorney for Foreclosure?

A: Even if you do not plan to contest a foreclosure, having a foreclosure attorney to offer you legal counsel throughout the process is advisable. A good foreclosure lawyer can explain your rights and options to you and protect your rights as well. If there is any opportunity for an agreement between the lender and buyer prior to the foreclosure occurring, that can prevent the impending foreclosure, an attorney will be the most skilled negotiator for the job.

Q: How to Fight Foreclosure and Win?

A: If a borrowing business wishes to fight foreclosure, step one is to hire a foreclosure attorney early on. Early intervention will more likely result in a renegotiation of terms or a successful alternative to foreclosure, such as a forbearance or a loan remodification. If these tactics don’t work, an attorney can review the case and identify any potential errors in the foreclosure process made on the part of the lender, which can slow or reverse the foreclosure process.

Q: Can Foreclosure Fees Be Waived?

A: Loan foreclosure fees can be waived in some situations. Fees may also be reduced, but this is at the discretion of the lender and may be a benefit of an alternative to foreclosure, such as loan modification. If a foreclosure attorney is given the opportunity, they can review the case and may potentially find errors in fees that were erroneously imposed. They would then be reduced or removed accordingly.

Speak With an Experienced Orange County Foreclosure Litigation Lawyer Today

Scheer Law Group, LLP, is in your corner. We know how to navigate the difficult waters of foreclosure. We have helped countless clients find a way to save their business from impending foreclosure with an array of solutions and strategies. If you have a dispute with your lender or feel you’re being unfairly forced into foreclosure, your instincts might not be wrong.

Reach out to our team of legal and professional foreclosure attorneys, who are knowledgeable and can litigate aggressively on your behalf if necessary. Contact Scheer Law Group, LLP, and begin getting your accounts back in order.

Scheer Law Group, LLP –  Southern California Office

85 Argonaut #202, Aliso Viejo, CA
92656, United States

P: +1-949-263-8757