Santa Clara County Real Estate & Foreclosure Lawyer

When most people think about foreclosures in Santa Clara 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 Santa Clara 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 Santa Clara County commercial foreclosure defense attorney could help suggest a plan for the future.

Contract Disputes

Agreements play a major role when it comes to any real estate transaction. Whether you have recently purchased or sold property, have entered into a tenancy agreement, or have a contract to build on land, enforcing your legal rights through contracts is essential. Unfortunately, disagreements arising from such matters usually require litigation to safeguard one’s rights. In these instances, the presence of a knowledgeable attorney can be a beneficial partner.

Contract disputes can negatively affect both a client or an individual’s financial situation. With the assistance of a experienced contract dispute lawyer in your county, opposing parties might reach a mutual agreement and perhaps resolve the issue amicably. Nevertheless, in some situations, filing a lawsuit in a civil court may be necessary to protect your rights under the contract. During such times, a proficient law expert can assist in persuading the judge and jury to view the contract in a favorable manner and in the end reach a successful decision.

Land Use

Litigation related to land use concerns disputes among private parties and other property owners or government bodies concerning the legal use of property. Typically, these usually entail alleged violations of local, state, or federal laws that determine an owner’s ability to 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 required.

This is where a seasoned legal professional may be able to help. An Santa Clara 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. Those who violate these rights must immediately stop and compensate you for your losses.

Once retained, an Santa Clara 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.


The Estavillo Law Group understands the laws regardless of the banks and courts do not recognize. Our experienced foreclosure lawyers in Santa Clara County utilize these laws to safeguard the homeowner and their family against losing their homes. We possess a winning record and we potentially can help you also.

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 subsequently ask a court to create a deficiency judgement. This could leave you responsible for the remaining payments.

An Santa Clara 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 Santa Clara 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. Using a mix of state and federal laws outlines the steps that a lender must take in order to initiate foreclosure cases. If they have failed in following these steps, a commercial foreclosure defense lawyer in Santa Clara County could pursue appropriate legal action to halt the foreclosure and permit a 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 Santa Clara 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 Santa Clara 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 Santa Clara County commercial foreclosure defense attorney can clarify your legal options and advise which choice could be appropriate for you. This might entail bargaining a brand-new agreement with your bank, battling the foreclosure process in court, and even filing for a bankruptcy event that might aid maintain your rights to keep doing trade or give an way out from excessive financial obligation. Connect with them right now to investigate your options.


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.