Monterey Foreclosure Attorney
Wrongful foreclosure lawsuits involve claims where a bank or creditor is wrongfully foreclosing on a homeowner. Wrongful foreclosure claims can arise from a number of circumstances. These circumstances usually include:
- Failure to properly credit accounts for payments made
- Wrongful imposition of escrow accounts
- Improper late charges and other fees which result in an artificial default
- Failure to comply with the foreclosure recording requirements
- Failure to complete evaluation of foreclosure alternatives
- Failure to honor loan modifications or offer loan modifications after successful completion of a trial payment period
- Misrepresentations made by the foreclosing parties that were relied upon to the homeowner’s disadvantage
- Foreclosing on a borrower when a loan modification application is under review
- Failure to provide statutory notices
- Violation of California’s Homeowners Bill of Rights
- Violations of a bankruptcy stay
- Failure to properly implement the terms of a confirmed bankruptcy plan
Often times the wrongful actions of the bank or foreclosing creditor are not intentional, but instead simply negligent. These organizations are large and often divided into several different divisions. Due to administrative limitations, it is not unusual for these different divisions to be disconnected. As a result, the left hand does not know what the right hand is doing and mistakes are made.
These organizations are also process oriented. It follows, that these organizations are focused on streamlining these processes to reduce their bottom line to save money. However, streamlining often leads to corners being cut and laws being violated. In addition, when a situation is presented that does not fit into the normal processes, these institutions get it wrong and critical matters fall through the cracks. In other words, these institutions are unable to fit the square peg into a round hole because there is no script to follow.
Wrongful foreclosure cases require special handling for four primary reasons. First, what is at stake is generally an individual’s most valuable and important asset. Second, the property at stake usually has sentimental value and is unique. Third, the attorneys representing the banks have extensive experience in defending these claims. Fourth, the banks and foreclosing creditors usually have deep pockets and a financial advantage in the lawsuit.
Because of the first two reasons above, the homeowner is often emotional and will stop at nothing to try and save their home. Because of the second two reasons, it is important that the decision to file a wrongful foreclosure lawsuit be carefully analyzed. That is why selecting a skilled attorney with experience in this area is critical. An attorney without experience in this area will only add fuel to the fire and has the potential to make a bad situation worse.
The attorneys at the Piccuta Law Group, LLP have experience representing homeowners in wrongful foreclosure matters. They have experience to assess the situation and give the homeowner the best course of action. Often times, this is not filing a lawsuit. The best alternative may be bankruptcy, strategic default or another creative strategy. Our Monterey foreclosure attorneys will explain the foreclosure process and help you evaluate your options. If you are a victim of a wrongful foreclosure or your home is in jeopardy, do not delay in contacting one of our attorneys for a free consultation.