Forecolosure Protection

Most Temporary Restraining Orders are followed with a mortgage litigation lawsuit. The TRO is only designed to stop the sale in order for you to take additional action. Taking the steps to sue your lender can help to ensure that you are able to permanently stop the foreclosure. 

Your mortgage is typically null, or “voidable” after a foreclosure. However, any equity in the property legally belongs to the homeowner that was foreclosed upon.  Under California law, when a property is sold at an auction for more than what was the left on a mortgage, the additional balance is known as “surplus funds.” The previous owner of the property is legally entitled to obtain all the additional funds resulting from the sale of the foreclosed property.  We are highly experienced in collecting such funds for homeowners.

Bankruptcy can be a powerful  tool in helping homeowners avoid foreclosure.  Bankruptcy includes a  feature called an “automatic stay.” The automatic stay stops any collection actions against you, including repossession, collection lawsuits, and foreclosures. Your lender will have limited foreclosure options as you go through the bankruptcy process.   ​The process may allow you to both avoid foreclosure, catch up on past due payments, and renegotiate the terms of your loan. 

A restraining order is typically used to assist homeowners with limited time (sometimes hours) until auction.  In these cases, homeowners are forced to file a Temporary Restraining Order (TRO) against their lender to stop the sale.  The only way to get a TRO against your lender is to go through a judge.  Some homeowners try to take on this task themselves, but the consequences of not being successful means the home will be lost. 

We understand the hardship of catching up on past due payments.   Let us get you back on track by negotiating a plan with your lender that allows you to pay your past due amount back over time.  We'll get you out of the foreclosure process and back on track with your payments. This option is great if you've endured a temporary hardship in the past, but are now able to afford your monthly payments.

We have helped many homeowners extend the term of their mortgage to 40 years or more.  This is a great option to get payment relief on a monthly basis while still giving you control of your term.   You'll have the flexibility of being required to make a lower 40 year payment, but you can always choose to add more to principal to payoff the loan on the term you choose!

Sometimes the easiest path to stopping the sale of your home is to make a phone call to the right person.  Homeowners can leverage our decades of experience and contacts to stop the foreclosure process.   This is a great option if you need short term relief, while we put a more permanent solution is put into place.