January 2016 - DLG Law Group

If you’re facing a possible foreclosure on your home, you’re probably very stressed out and worried about a lot of complicated problems — from the daily tasks like getting dinner on the table, to the long-term possibilities of not having a home anymore. Your best option is to contact a real estate attorney with experience handling the foreclosure process. In the meantime, however, here are a few possible ways that you may be able to stop the foreclosure process on your home:

Bankruptcy: Filing for bankruptcy is a pretty drastic measure to take if you’re faced with foreclosure, but it’s sometimes the best option if you’re dealing with a lot of debt to multiple lenders. It will hurt your overall credit score for quite a while but you’ll likely receive an automatic stay on your home until the court can decide how to proceed with your case.

Loan Modifications: In the state of California there’s something called a Homeowner Bill of Rights, and this means that loan servicers must either grant or deny a first-lien loss mitigation application before the foreclosure process begins. This prohibits a practice called dual tracking, which is when the lender proceeds with a foreclosure even as a loss mitigation application is pending. This isn’t a long-term fix, but it can give you some time to make a plan while still living under your own roof.

File a Lawsuit: If your lender isn’t processing the foreclosure while abiding by all state and federal regulations, you may be able to file a lawsuit to stop the foreclosure of your home. In this case, you’ll need to prove that the foreclosure is not valid and therefore shouldn’t take place because the lender is at fault. The specific reasons might include the lender’s violation of the Homeowner Bill of Rights, the lender neglecting to follow all steps in the foreclosure process, or the lender making a grievous error which has affected you.

It’s very important to understand that, if you’re facing a possible foreclosure, you don’t have to face it alone. It’s estimated that around one in every 200 homes is foreclosed upon (and this was even cut in half to one in every 96 homes back in 2013). Considering that the average Californian home costs around $393,000, you’re dealing with some pretty heavy financial stuff — and turning to a real estate lawyer for help is always a good idea.

Boundary disputes are some of the most common problems in real estate law today, and if you’ve encountered a boundary dispute with your neighbor, it’s important to realize that you’re definitely not alone! The best way to approach any boundary dispute is to contact a real estate attorney and discuss the problem at hand, along with possible solutions.

With that in mind, here’s a quick guide about what you should expect during a boundary dispute with your neighbor:

Most homebuyers (around 77%) have inspections done on a home before purchasing it in order to identify any necessary repairs — and also to clarify things like boundaries between properties. If you’ve encountered a boundary dispute after purchasing a new home, the problem might really be as simple as a misunderstanding or miscommunication of where one property ends and another begins. It’s important to make sure that you have records of any inspections done prior to the dispute.

Many homeowners turn to real estate lawyers who also serve as negotiators/mediators and will work out a solution without taking the case to court (which can be very expensive and time-consuming). You may also consider calling a land surveyor to make an unbiased report on the disputed boundary line.

There are few more drastic ways to approach the problem as well, but it’s important to understand that these may not end well unless you have a strong case. You can sue your neighbor for trespassing on your property, for example, but you might end up living next to your enemy after the whole process is over (and no one would be happy in that situation).

It’s common for two neighbors to get along well until the issue of property improvements is at stake. Similar to California’s Statute of Frauds regarding three types of contracts, you’ll need to receive official approval (usually in the form of a paper permit) to make certain improvements to your property before beginning construction. Without the prior approval, your neighbors will likely be able to take legal action against you if they decide they aren’t pleased with your new home improvement project (and vice versa).

All in all, you’ll want to make sure that you consider your options before taking a boundary dispute to court. Many real estate lawyers can negotiate a settlement for these disputes which please both parties involved. It’s estimated that around 95% of cases can be handled outside of the courtroom, and a good real estate law firm will be able to help you navigate the process — even if it ends up involving court.

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3 Possible Ways To Stop the Foreclosure Process on Your Home

Boundary Disputes 101: What You Need To Know