Our office has represented homeowners in court to stop foreclosure since 2009.

If your home is being foreclosed upon in 2016 and you have not made a payment since 2010, 2011, or 2012 it is highly likely that the entity trying to foreclose upon your home does not have the legal right to foreclose.

To determine if the entity trying to foreclose upon your home has the right you must go to your County Recorder’s Office to review the documents that have been recorded in your title record.
–  look closely at the following recorded documents:
+  Substitution of Trustee
+  Assignment of Deed of Trust

The power of sale of your home flows from the Deed of Trust. Only a beneficiary, the one who is owed payments under the Note) can initiate a foreclosure.  The beneficiary tells the Trustee, the agent of the beneficiary, to initiate a foreclosure.  The Trustee or its agent may record the Notice of Default.

In situations where the homeowner never sought a modification, the servicer has five days after the Notice of Default is recorded to contact the homeowner about foreclosure alternatives.  Civ. Code section 2924.9.

If you did not seek a modification, the Notice of Default was recorded in your County title record, and you did not get such a notice you can stop the foreclosure of your home and obtain a preliminary injunction.

For more information set up a consultation; send an email to info@truckeelawyer.com or call our office at (530) 582-8508