Van Nuys Foreclosure Defense Attorney

Effective Foreclosure Defense Strategies in Your Area

Navigating the foreclosure process can feel overwhelming, but understanding your rights as a homeowner is crucial. Many people are unaware of the protections available under both California and federal laws. Our experienced foreclosure defense attorneys at Papian and Adamian are here to provide the knowledge and support you need.

Even during foreclosure, homeowners may have options to help recover from financial distress. Learning about these options early can improve your strategy and make sure every avenue for relief is considered.

Here are some key rights you should know:

• Right to Notice: You have the right to receive a formal notice of default, outlining the reasons for foreclosure and the steps needed to remedy the situation.
• Right to Challenge the Foreclosure: If you believe the foreclosure is unjust, you can challenge it in court. Our legal team helps you build a strong defense, carefully reviewing all lender documentation for legal compliance.
• Right to Seek Loan Modifications: You may qualify for loan modifications or other foreclosure alternatives. We help negotiate with lenders to pursue solutions that fit your needs.
• Right to Fair Treatment: Lenders must follow fair practices during the process. If you feel your rights are violated, we can help you take legal action, including intervention when unfair lending practices arise to ensure just treatment.

Understanding Your Rights During Foreclosure in Van Nuys

Several options may be available to save your home from foreclosure. The best option for you will depend on your individual situation and goals. 

These can include:

• Negotiate a Repayment Plan with the lender, allowing missed payments to be spread out over time and added to future mortgage payments until the default is cured. This typically requires lender approval and may include extra fees and interest. Being well-prepared with a clear financial summary can increase your chances of acceptance and show your commitment to resolving the default efficiently.
• Seek a Loan Modification through the lender. This involves changing the original loan terms to make payments more affordable, such as reducing the interest rate, extending the loan term, or reducing the principal balance owed. Having a foreclosure attorney in Van Nuys to assist in negotiations can improve your outcome. Documentation proving financial hardship can strengthen your position during modification discussions.
• File for Bankruptcy. When you file for bankruptcy, the court issues an automatic stay that protects you from creditor collection actions while under court protection. A Chapter 13 filing allows you to reorganize debts and set up an affordable repayment plan, protecting your assets like your home. The plan bases your payments on your income and expenses, designed to make your debt more manageable. The plan usually lasts three to five years, during which you make payments to a bankruptcy trustee, who distributes them to creditors. The plan can include mortgage arrears, but you must keep up regular mortgage payments after filing. As long as you continue these payments, you stay protected from foreclosure. Bankruptcy can also bring psychological relief, offering a structured path out of debt and stopping abrupt foreclosure actions.
• Sell Your Home in a Short Sale. If keeping your home isn't possible, you can work with your lender to sell the property for less than the mortgage balance. The proceeds help pay off as much of the outstanding debt as possible. The lender must agree for the lien to be released. A short sale prevents foreclosure and usually results in less credit damage than foreclosure. Choosing a short sale can help protect your financial health, avoiding the long-term effects of foreclosure on your credit report.
• Deed in Lieu of Foreclosure. This agreement lets you transfer property ownership to the lender in exchange for a release from mortgage debt. It helps you avoid the foreclosure process. However, you might still owe a deficiency balance after the sale, and tax consequences may apply. It's important to fully assess these implications before pursuing this option.

Understanding your rights is a key first step toward effective foreclosure defense. Contact us today to schedule a consultation, and let us guide you through this challenging time with the skill and attention you deserve.

California Foreclosure Timeline & What to Expect

California’s non-judicial foreclosure timeline involves several distinct phases, each with specific deadlines and legal requirements. By understanding these critical stages, you can better plan your foreclosure defense and make informed decisions when protecting your home in Van Nuys.

The process generally begins when the lender records a Notice of Default after missed payments. For the next 90 days, you can ‘cure’ the default, usually by paying the overdue amount and any fees. If you don’t resolve the default, the lender records a Notice of Trustee’s Sale, setting the foreclosure sale date at least 21 days from this notice.

• Notice of Default: Starts the foreclosure period, providing a 90-day window to resolve the arrears.
• Notice of Trustee’s Sale: Schedules the sale, which may occur 21 days later if no action is taken.
• Trustee Sale (Auction): The property sells to the highest bidder, including the lender if bids do not meet or exceed the amount owed.

Throughout this process, acting quickly and keeping documentation organized gives you more control of your options. The non-judicial process in Van Nuys can move swiftly, and missing deadlines often removes important legal defenses. By working with a foreclosure defense attorney in Van Nuys, you can monitor schedules and ensure you respond to each phase under California law.

Foreclosure Attorney Fees & Costs in Van Nuys

Understanding the costs associated with hiring a foreclosure attorney in Van Nuys helps you plan effectively from the outset. Attorney fees vary depending on the complexity of your case, the type of legal support needed, and your mortgage details. Many foreclosure defense lawyers in California offer flat fees or hourly rates, and some provide payment plans for clients in financial difficulty.

In Van Nuys, you may encounter a range of fee structures:

• Flat Fees: Common for specific services like document review or standard paperwork. Attorneys provide clear upfront pricing so you understand the total costs for those services.
• Hourly Rates: Typical for more complex work such as negotiation, extended litigation, or court appearances. Final cost depends on the time required to address your case.
• Payment Plans: Some foreclosure lawyers offer flexible payment options, making legal assistance more accessible to homeowners in financial distress.

When you speak with a foreclosure attorney in Van Nuys, ask for a clear breakdown of legal fees and any additional expenses, like court costs and filing fees. Open discussions about fees reflect the transparent and client-driven approach that Papian & Adamian brings to every foreclosure case in Van Nuys.