When most people think about foreclosures in Napa 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 Napa 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 Napa County commercial foreclosure defense attorney could help suggest a plan for the future.
Contract Disputes
Agreements are important when it comes to every real estate transaction. Regardless of whether you have recently bought or sold property, have entered into a tenancy agreement, or are involved in land development contracts, enforcing one’s rights through contracts is crucial. Sadly, disputes arising from such matters usually require litigation to protect your legal rights. In these instances, the presence of a knowledgeable attorney can be a helpful partner.
Contract disputes can have a detrimental effect on both a company or an individual’s financial situation. With the aid of a knowledgeable contract dispute attorney in the area, opposing parties may be able to come to an understanding and possibly settle the dispute in a civilized manner. However, in some situations, lodging a lawsuit in a civil court is essential to protect your interests under the agreement. During such instances, an experienced legal expert can support in persuading the judge and panel to interpret the agreement in a favorable manner and in the end reach a positive decision.
Land Use
Disputes involving land use concerns disputes between private parties and additional property owners or government bodies concerning legitimate use of real estate. These usually involve alleged violations of state, federal, or local laws that govern how an owner may develop or use the land. If the two parties are unable to reach an agreement as to how to resolve the dispute, litigation may become essential.
This is where a seasoned legal professional may be able to help. An Napa 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. In other words, you have {the} right to quiet enjoyment of your living space and the right to expect reasonable protection of your property. People who violate these rights must promptly stop and compensate you for your losses.
Once retained, an Napa 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 has a deep understanding of the laws regardless of the banks and courts fail to appreciate. Our knowledgeable foreclosure lawyers in Napa County utilize these laws to defend the homeowner and their family from losing their homes. We possess a successful record and we possibly can assist you as well.
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 Napa 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 Napa 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
One option is contesting challenge any legal processes which the lender has used to initiate the foreclosure. A both of state and federal laws detail the steps that a lender must take in order to initiate foreclosure cases. If they have failed to these steps, an experienced commercial foreclosure defense lawyer in Napa County may pursue suitable legal action in order to stop the foreclosure and permit 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 Napa 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 Napa 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 experienced Napa County commercial foreclosure defense attorney is able to elucidate your lawful choices and suggest what choice could be appropriate for you. This might involve negotiating a fresh agreement with your financial institution, fighting the foreclosure process in court, and even seeking a bankruptcy event that could assist retain your rights to keep running business or provide an way out from overwhelming debt. Connect with them now to investigate your alternatives.