Orange County Replevin Lawyer

Replevin Attorney in Orange County, CA

Banks, businesses, and other lenders often contend with unlawful property seizures. No matter what kind of property has been taken from your business, it is important that you understand you have legal options to try to get it back. An Orange County replevin for lenders lawyer can critically evaluate your situation and fight for your rights.

The team of hard-working attorneys at Scheer Law Group, LLP, knows how to navigate the complex world of replevin lawsuits on behalf of banks, businesses, and other lenders. Our team of dedicated professionals has proudly represented Orange County businesses and financial institutions for years.

No matter what kind of tricky situation you are in and what kind of property you want to reclaim, the Scheer Law Group, LLP, can help you understand how to go about this process and can be there to assist every step of the way. Reach out to discuss our background further and how we can help.

What Is the Replevin Law in California?

Also called claim and delivery, California’s replevin law grants you the right to reclaim property that someone else has wrongfully taken or detained. For example, common scenarios in which you could benefit from the replevin law include the following:

• If you are a landlord and have provided your tenant with an eviction notice and your tenant refuses to leave your property or relinquish some of your personal items, a California eviction attorney with experience in replevin law can help you fight to reclaim what is yours.
• If you co-own a rental property and your co-owner wants to sell it, but you do not, hire a replevin lawyer who can advocate for your rights.
• If you co-own property with a debtor who has declared bankruptcy, you can file a replevin claim for your property that is now being managed by a bankruptcy trustee.
• If you are a lender and your borrower falls behind on their mortgage payments, you may be able to initiate foreclosure proceedings to take possession of the property. You can hire a replevin attorney to discuss your available legal options, especially if the borrower has removed items that were a part of the property. You may be able to file a replevin lawsuit.
• If your business becomes a victim of business identity theft where a criminal steals your company’s information to open credit, file fake tax returns or commit fraud, a knowledgeable attorney can help you take legal action against the responsible party to recover what is rightfully yours.

How Do I File a Replevin Action in California?

If you are confused by how to file a replevin action, you are not alone. This process can be a bit tough to understand, especially without professional legal training. The easiest way to streamline this process is to reach out to an attorney who can help you file your replevin action.

When you file a replevin action in California, you are taking legal action to record your personal property. You will need to draft a complaint in which you detail what personal property was taken, why you have a right to that property, and how it was taken. Your lawyer can ensure you provide appropriate details and that your paperwork is filed clearly and correctly. It’s worth speaking with an attorney to make sure you don’t make any costly mistakes with the process.

The defendant, the person you are suing, will be served with the information about your actions. Once this is done, they will have time to reply to you. In the event that they defend themselves and argue that you do not have a right to the property, you might have to go to a trial in which you both present evidence and arguments about your property.

You can rely on your attorney to gather strong evidence for your case and craft a persuasive argument in your favor. Your lawyer can swiftly reclaim what was taken and prevent further loss.

After the court makes a judgment on the situation, you might receive your property back. However, the court may determine that the other party is the rightful owner of your property, which is understandably upsetting. In that instance, your lawyer can help evaluate the benefit of filing an appeal or negotiating a potential settlement regarding your property. Contact an attorney with extensive experience in California with replevin laws.

How Much Does a Replevin for Lenders Lawyer Cost in Orange County, CA?

If you want to hire a replevin lawyer to help you recover your lost property, you can expect to face different costs depending on who you contact. Depending on who you hire and what you need them to do, you might encounter an hourly rate between $300 and $500. However, the grand total you end up paying will depend on the complexity of your case. More experienced lawyers handling more complex cases tend to cost more.

For instance, if you need a lawyer’s assistance filing your complaint and then the defendant returns your property, the fees you pay are going to be less than what you would pay if you needed to go to court. The easiest way to determine how much you will have to pay in legal fees is to consult an attorney about the facts of your unique case. Contact Scheer Law Group, LLP to discuss our written fee agreement and what’s included within our legal services.

Contact a Knowledgeable Replevin for Lenders Lawyer in Orange County Today

When a lender’s property is taken by someone else, this can be an incredibly stressful experience. You might be worried about paying for legal support, especially after losing something valuable. However, it can be tough to prove that a piece of property belongs to your company without the help of an experienced lawyer. It’s in your business’s interest to hire a lawyer who can fight to prove what is rightfully yours.

Scheer Law Group, LLP, knows that who you hire for your replevin work matters. As a bank, business, or other lender, it’s important that you are putting your future in the hands of an attorney who is experienced in this type of litigation.

The highly trained staff and dedicated legal professionals of Scheer Law Group, LLP, are proud to have decades of experience representing California banks, businesses, and other lenders in replevin cases and can draw on vast experience to develop a strategic plan of action tailored to your specific case. Contact Scheer Law Group, LLP, today to find out more about how a replevin for lenders lawyer in Orange County can support you in your fight for your rightful property.

Foreclosure Litigation Attorney in Orange County, CA

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 achieve optimal results, a lender needing representation to prove default should speak with an Orange County foreclosure litigation lawyer right away.

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 lender client comes to us with foreclosure issues, our skilled team of lawyers has multiple options to assist them. Once the circumstances are assessed and the client’s goals are determined, the team at Scheer Law Group, LLP, can immediately act on behalf of our clients.

Stages of Foreclosure

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

Nonjudicial is typically easier and more common because it allows a lender to sell a property in foreclosure without going to court, but it prohibits the collection of remaining debt after the property sells. If the borrower believes the lender didn’t go about the foreclosure lawfully, the borrower can potentially have the wrongful foreclosure reversed.

In a judicial foreclosure, to secure 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 invalid or if they believe the lender did not follow legal procedures properly. A skilled lawyer can assist with invalidating homeowner defenses.

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 proceeds of the foreclosure sale.

Foreclosure Defense Strategies

Homeowners routinely make the same arguments against lenders who are attempting to foreclose. Some common homeowner 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

A knowledgeable California foreclosure attorney can tackle these common homeowner arguments by collecting compelling proof on your behalf. This typically involves gathering:

• The original promissory note, along with endorsements/assignments showing the loan’s chain of ownership, demonstrating your legal right to foreclose
• Proof like certified mail receipts or affidavits that all legally required notices, such as Notice of Default and Notice of Sale were sent according to state law and the mortgage terms
• Detailed payment histories, bank records, and loan servicing logs, showing payments were credited correctly and that the homeowner’s claims of error are unfounded, sometimes using expert witnesses to explain complex servicing data
• Provide an itemized statement of the debt, including principal, interest, escrow, late fees, and legal costs, proving the amount is accurate under the mortgage contract.

In essence, your attorney can invalidate the homeowner’s claims by proving the lender’s actions were legal and the homeowner’s default is valid by showing precise documentation. If you are a bank or financial institution and a borrower has relied on any of these defenses, it’s imperative that you retain an attorney familiar with foreclosures. Also, your attorney can prove your adherence to complicated state and federal laws.

When you hire an attorney familiar with foreclosure law, they can build a solid lender foreclosure defense case. Your attorney can ensure the foreclosure process is legally sound and the homeowner is truly in default. There are many different disputes that can arise between a lender and a borrower, especially amid foreclosure proceedings. Contact an Orange County foreclosure litigation lawyer for help invalidating homeowner defenses.

Key Characteristics to Look For in a Default Attorney

If you need to retain an attorney, it can be hard to know which firm can effectively represent your interests. It’s important to search for a firm that focuses on lender representation, default management, and consumer lending compliance. Hire a firm with local experience in nonjudicial foreclosures and regulatory adherence. Look for a firm with:

• Lender representation. Attorneys who actively represent financial institutions in foreclosure proceedings can  provide effective representation in California and protect your interests.
• Default servicing experience. When you hire a firm with experience managing delinquency loans and property repossession, it can benefit your financial institution.
• Regulatory compliance. A firm with a deep understanding of both federal and state lending laws can help you avoid unnecessary delays and hefty fines.
• Local market knowledge. It’s critical that you hire a firm with knowledge of the local market so they can rely on this understanding, especially since nonjudicial foreclosures are common across California.
• Track record. It’s critical to use lawyers with a successful track record who have efficiently moved properties through the foreclosure process.

Sometimes, foreclosure is unavoidable. Accordingly, many banks need reliable California counsel to assist to ensure the foreclosure process is legally sound and that the homeowner is actually in default. Contact an experienced attorney to hear more about our available foreclosure services right away.

Speak With an Experienced Orange County Foreclosure Litigation Lawyer Today

Scheer Law Group, LLP, is in your corner. Our skilled team of foreclosure litigation professionals can help prove foreclosure was appropriate. When foreclosure is necessary, we can work as your ally to prove all state and federal compliance laws were followed, challenge homeowner claims, establish lender’s standing to foreclose, and use available procedural rules to show the homeowner’s defenses lack merit.

When homeowners are in default, we prove it. We understand how to present meticulously documented evidence to prove adherence to all legal requirements. We argue any alleged errors were harmless or immaterial to the core debt obligations of our clients. We know exactly how to counter common defenses from homeowners. Our lender attorneys are skilled negotiators who know how to protect your interests.

Reach out to our dedicated Orange County foreclosure litigation attorneys who can litigate aggressively on your behalf, if necessary. Contact Scheer Law Group, LLP, to defend your lender interests effectively.

Scheer Law Group, LLP –  Southern California Office

85 Argonaut #202, Aliso Viejo, CA
92656, United States
P: +1-949-263-8757