Marin County Real Estate & Foreclosure Lawyer

When most people think about foreclosures in Marin County that threaten to seize real estate, they think about a family’s home. However, many businesses also sign mortgage agreements for commercial property. The fact is that the banks and other lenders who front the money for these purchases have the same right to seize land from businesses as they do from families.

An Marin County commercial foreclosure defense lawyer may be able to help business owners who have fallen behind on their payments. The dedicated foreclosure attorneys at our firm could explore your current financial situation, explain how foreclosure laws work in the commercial sector, represent your best interests during negotiations, and file formal legal challenges to your case.

Working with Businesses to Provide Financial Analysis

Businesses may fall behind on their mortgages for many reasons. For some, temporary economic downturns may have led to a short-term lack of funds. For others, systemic problems with their business models may make future profits difficult to imagine. By examining a company’s finances in detail, an Marin County commercial foreclosure defense attorney could help suggest a plan for the future.

Contract Disputes

Agreements play a major role in any real estate transaction. Whether you have recently bought or sold property, signed a rental agreement, or are involved in land development contracts, enforcing your legal rights via the agreement is crucial. Sadly, disputes related to such matters usually require litigation to protect your legal rights. In these instances, the presence of a knowledgeable attorney might prove to be a beneficial partner.

Contract disputes can negatively affect either a company or an individual’s monetary situation. With the aid of a skilled agreement dispute attorney in your area, disputing parties may be able to reach a mutual agreement and possibly settle the dispute amicably. However, in some situations, lodging a claim in a civil court is essential to enforce your interests under the agreement. Throughout such times, a proficient legal expert can help in convincing the court and panel to view the agreement in a positive manner and ultimately achieve a successful outcome.

Land Use

Litigation related to land use concerns disputes among private parties and additional property owners or government bodies concerning the legal use of real estate. Typically, these usually involve alleged breaches of local, state, or federal laws that govern an owner’s ability to develop or use the land. If the two parties cannot come to a settlement as to how to resolve the dispute, litigation may become essential.

This is where a seasoned legal professional may be able to help. An Marin County land use litigation lawyer could evaluate the laws that control the issue at hand and compare them to the actions of all parties. They could then file all necessary court documents and present arguments before judges and juries that help support your position

Property And Neighbor Dispute

Owning property or living in a rented space may mean dealing with difficult neighbors or landlords. The simple fact is that you have {the} right to quiet enjoyment of your living space as well as the right to expect reasonable protection of your property. Those who violate these rights must promptly stop and compensate you for your losses.

Once retained, an Marin County property and neighbor dispute lawyer at Estavillo Law Group could help you protect those rights. Our knowledgeable team of attorneys could explain the laws that grant you protection, evaluate the actions of others, and demand reasonable resolutions during negotiations or court sessions.

Foreclosure

The Estavillo Law Group understands the laws even if the banks and courts don’t acknowledge. Our experienced foreclosure lawyers in Marin County use these laws to protect the homeowner and their family from losing their homes. We hold a successful track record and we possibly might assist you too.

If you are facing a foreclosure or have questions regarding foreclosure please contact us for a free 15 minute phone consultation. It is never too late to try and save your home. The Estavillo Law Group has had great success at representing clients facing an imminent foreclosure even hours before the home was to be sold.

Deficiency Judgement

The foreclosure on your real estate may seem to be the end of your financial problems. However, if a subsequent sale of the property fails to bring funds sufficient to cover your debts, the lender may then ask a court to create a deficiency judgement. This could leave you responsible for the remaining payments.

An Marin County deficiency judgement lawyer could help contest the creation or legality of these orders. They could argue that the law does not allow their creation due to the type of loan or that the kind of property itself is exempt from these collection efforts.

Property Tax

An alleged failure to pay taxes can have serious legal consequences. Not least among these is the ability of the government to attach your real estate to this debt. If this attachment still does not result in a proper payment, the government may move to foreclose on the property.

An Marin County property tax foreclosure lawyer is prepared to help. They could work to dispute the legality of the lien, evaluate payments that you have made on your taxes, and even negotiate a settlement with the tax authorities that could result in the end of the lien that led to the foreclosure case.

Options that Allow the Business to Remain in Possession of the Land

An alternative strategy is to dispute any legal processes that the lender has used to initiate the foreclosure. Using combination of state and federal laws outlines the steps that a lender must take in order to initiate foreclosure cases. Provided that they have failed to these steps, an experienced commercial foreclosure defense lawyer in Marin County could pursue appropriate legal action in order to stop the foreclosure and allow your company to remain in business.

Choices that May Allow a Business Owner to Escape Debt

Business owners may come to the realization that no amount of negotiation or legal action will allow them to continue to make payments on a mortgage. When this happens, it may be best to pursue bankruptcy as an option. For small business owners, a common Chapter 7 or Chapter 13 bankruptcy could see the discharge of business debt in the form of mortgage payments.

When a company is not tied to an individual’s finances, a Chapter 11 case will see a court overseeing the reorganization of a business’s assets. In some cases, this will see a court ordering the sale of a physical location in exchange for the discharge of debt. A professional foreclosure defense attorney in Marin County could help determine if a bankruptcy case is the best option to avoid the long-term financial penalties involved in a foreclosure.

Reach Out to an Marin County Commercial Foreclosure Defense Attorney Now

Businesses can fall behind on mortgage payments for a variety of reasons. Regardless of your exact circumstances, you need to act quickly to protect your property rights and long-term finances.

An expert Marin County commercial foreclosure defense attorney can clarify your legal options and recommend what choice might be appropriate for you. This may entail haggling a new agreement with your financial institution, challenging the foreclosure proceedings in court, and possibly seeking a credit situation that might help retain your rights to continue conducting commerce or give an way out from overwhelming financial obligation. Contact them right now to investigate your choices.

WE MAKE A DIFFERENCE

Reach Out to an Oakland Real Estate Attorney Today

Disputes concerning real estate can have a significant financial impact on individuals and businesses alike. If there is a dispute and it appears that a compromise is not possible, it may be necessary to initiate litigation. This could mean participating in settlement or mediation talks or even bringing a formal lawsuit to civil court.

An Oakland real estate lawyer may be able to help. They are prepared to take the lead in settlement talks that could help to avoid costly court cases. However, if the case does go to court, they will take every step necessary to protect your rights. Contact us now to learn more.