We Fight For Your American Dream of Homeownership
We represent people who are being foreclosed upon or foresee foreclosure in the near future. Our skilled attorneys work to investigate what really happened with your loan when you signed those agreements several years ago.
Although Estavillo Law Group has had a 90% success rate in imminent foreclosure cases, we cannot guarantee a successful outcome in every case. Each case is unique and the success of past cases does not guarantee success in future cases. We will, however, work diligently to provide you with the best possible representation.Due to our knowledge of the law, persistent discovery practices, winning focus, and experience utilizing expert witnesses we are champions in our field.
Our record of success remains steadfast, winning cases against Wells Fargo, Bank of America, JP Morgan Chase, US Bank, The Bank of New York Melon, HSBC, Aurora Loan Services, Nationstar (Mr. Cooper) and several more.
We believe in the rights of individuals to stay in their homes. Contact a foreclosure lawyer to learn more.
Over 90% Success Rate*
We have one of the largest success rates in stopping imminent foreclosure and have represented clients in Alameda, Sonoma, Santa Clara, Santa Cruz, Monterey, Orange, San Diego, Marin, Contra Costa, Napa, Sacramento, San Francisco, Los Angeles, Ventura, Santa Barbara, San Joaquin, and San Mateo counties. Read about our recent court victories.
At our firm, our seasoned foreclosure attorneys are committed to a personalized approach, superior client experience, and getting results at an exceptional value.
The threat of a foreclosure is enough to put your mind in a state of constant distress and turmoil. The fear of being without shelter and safety due to unforeseen circumstances that affect your ability to pay your mortgage creates an overwhelming stress and burden.
No one purchases a home thinking he or she won’t be able to afford it, but circumstances change that are beyond a homeowner’s control, leaving him or her feeling helpless. Often a death in the family, loss of job, divorce, medical emergency, or other hardship causes homeowners to fall behind on their mortgage payments.
When a homeowner can no longer make the monthly payment, the servicer or lender can begin the foreclosure process. Today more than ever, the lender and/or servicer of the loan will choose the foreclosure route rather than trying to work with the homeowner to keep them in the home. This process is devastating to the homeowner and their family because it leaves them homeless, faced with the difficult burden of relocating, and forces them to walk away from their dream of owning a home and providing for their family.
* Although Estavillo Law Group has had a 90% success rate in imminent foreclosure cases, we cannot guarantee a successful outcome in every case. Each case is unique and the success of past cases does not guarantee success in future cases. We will, however, work diligently to provide you with the best possible representation.
It is Never Too Late to Try and Save Your Home!
The Estavillo Law Group knows the laws even if the banks and courts don’t. Our knowledgeable foreclosure lawyers use these laws to keep the homeowner and their family in their homes. We have a winning record and we may be able to help 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.
Call a Foreclosure Attorney Today for a Free No Obligation Phone Consultation
We know selecting an attorney to trust with your home or property is hard. Many people come to us after a negative experience with another firm and they are reluctant to trust that we will deliver on our promises. However, our clients have told us that they sleep better knowing that we are fighting for them and that we will do everything possible to win their case. Reach out to a California foreclosure lawyer today to get started.
The Estavillo Law Group has an over 90% success rate* at keeping people in their homes who were facing imminent foreclosure.
* Although Estavillo Law Group has had a 90% success rate in imminent foreclosure cases, we cannot guarantee a successful outcome in every case. Each case is unique and the success of past cases does not guarantee success in future cases. We will, however, work diligently to provide you with the best possible representation.
As top foreclosure lawyers in California, we understand that life doesn’t always work out the way you planned. Luckily, there are legal experts to help you find the best way forward. Need help? Contact us online to schedule a free consultation.
Times of economic uncertainty—such as during the Covid-19 pandemic—can be especially stressful for homeowners. What will happen if they are fired or made redundant? What happens if their hours are cut in half and they start struggling financially?
In a worst case scenario, a homeowner with money troubles may face impossible decisions, like whether to make their car payment and buy food for their family or to pay their mortgage. As they tackle their most pressing expenses first, their mortgage payments may fall by the wayside, leaving them vulnerable to foreclosure.
At Estavillo Law Group, we know that homeownership is an essential part of the American dream. That’s why we do everything in our power to fight for people who are in danger of losing their beloved homes.
If you’re facing foreclosure or concerned you soon will be, it’s important to seek legal counsel. Keep reading to learn everything you need to know about the foreclosure process, alternatives to foreclosure and how one of our top foreclosure lawyers may be able to help.
Need a foreclosure defense attorney now? Our real estate specialists can investigate your situation, offer potential solutions and provide viable alternatives. Give us a call at (510) 982-3001 to schedule a case evaluation.
What Is Foreclosure?
Simply put, foreclosure is the legal process by which a lender tries to recoup their money on a defaulted loan. To do so, they take ownership of the defaulted, mortgaged property and attempt to sell it. Default is typically triggered when a borrower misses a certain amount of monthly loan payments, but it can also result when the borrower fails to meet other terms in the agreement.
The foreclosure process varies by state, but it is lengthy everywhere. As a result, lenders try to work with the borrowers to find ways to make payments rather than seeking foreclosure out of the gate.
Types of Foreclosure
There are two primary types of foreclosure, which are decided on a state-by-state basis: judicial and non-judicial. Whereas judicial foreclosures require a court order to foreclose on a mortgage, non-judicial foreclosures do not require a court order. California lenders can foreclose on deeds of trust or mortgages without a court order.
Foreclosure Process
The foreclosure process can be very long and drawn out, which is why even lenders take steps to avoid it; however, nonjudicial foreclosure does still happen in California, and when it does, it requires a number of steps. Here’s how the process works, according to state law:
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- Alternative options. The lender contacts everyone listed on the mortgage loan to review the financial situation and explore alternative options.
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- Notice of default. When an agreement isn’t reached, the lender can record a notice of default in your home’s county, which needs to happen at least 30 days after initially contacting you. This is the beginning of the formal foreclosure process, of which the lender will send you notification. You have 90 days from the date the notice is recorded to pay what is owed.
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- Notice of sale. If you fail to pay what you owe, a notice of sale is recorded (which must happen a minimum of 90 days after the notice of default is recorded. A notice of sale means that your home may be sold at auction in 21 days.
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- Public auction. After at least 21 days, your home may be sold at public auction. The lender generally bids for the amount of the outstanding balance plus foreclosure costs. If no one else bids higher, the lender takes your home.
If your property has entered the foreclosure process, it’s important to remember that you have up to five days until the foreclosure sale to pay the default and retain the property. This is called reinstatement of the loan.
Tenant Rights During a Foreclosure
Are you a tenant in a house in the process of foreclosure? Don’t forget: You have legal rights! If there are tenants living in the house when it’s being foreclosed on, the new owner is required by law to honor the existing lease.
However, if the tenants have a month-to-month lease OR the owner/landlord is also living in the property being foreclosed on, the new owners have the right to pursue eviction. They can either offer the existing tenants a new lease or simply begin eviction proceedings, but when pursuing the latter, they must give tenants at least 90 days’ notice.
It’s important for tenants to remember that there are exceptions to this process. There are several instances in which a new owner can be barred from evicting current tenants. The best way to explore your options is to contact an experienced attorney for foreclosures.
Foreclosure FAQs
Foreclosure is never a happy process, especially when it involves tenants who want to remain on the property but have simply fallen upon hard times. If you’re facing foreclosure, you probably have many questions. Your best bet is to ask a trusted real estate attorney, but in the meantime, check out the answers to our FAQ.
How can I stop the foreclosure process?
If you’re trying to avoid foreclosure proceedings in California, you have several legal options, including challenging the foreclosure in court, applying for loss mitigation options, undergoing foreclosure mediation, applying for loan modification or mortgage modification, filing for bankruptcy and more.
How long does a foreclosure take?
If the owner doesn’t have a solid defense, a lender may be able to complete a foreclosure in a couple of months. However, when the owner has strong legal representation, the foreclosure process may take a year or more.
What documents are involved in a foreclosure case?
The primary documents involved in foreclosure are a promissory note and the mortgage or deed of trust. However, the lender will also need to provide documentation of missed monthly payments, the remaining balance of the loan and other relevant information.
Who pays the foreclosure costs?
If the current homeowner pays the remaining balance on the loan, they will be responsible for the foreclosure costs. However, if the house is bought at an auction, the new owner will be responsible for the fees.
Need Legal Help with a Foreclosure? We Can Help
Perhaps the saddest part about foreclosure is that the tenants generally do have options to avoid it—they just don’t realize it. However, they might have if they’d sought legal advice.
As top foreclosure defense lawyers in California, we can’t stand to see this happen. That’s why we’ve made it our mission to provide exceptional legal services for property owners facing the threat of foreclosure. With intimate knowledge of foreclosure laws and solutions in California, we’ll do everything we can to help you find a solution.
If your property is being foreclosed on—or if you fear it will be soon—remember that you have options. However, time is of the essence, so it’s important to contact a reputable law firm right away.
Need assistance? The foreclosure specialists at Estavillo Law Group would like to hear from you. Contact our law office online or give us a call at (510) 982-3001 to schedule a free consultation today.