Lavaee Law Group |Real Estate and Business Law |Los Angeles Attorneys

Our attorneys have experience advising client's on foreclosure matters with respect to legal implications and strategies for avoiding foreclosure. Foreclosure is the legal proceeding in which a
mortgagee, usually a lender, obtains a court ordered repossession of a property. Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset, like a house, to secure a loan. A lender can foreclose on the security used to secure a loan for overdue mortgage payments and other debts, such as for overdue taxes, unpaid contractors' bills or overdue HOA dues or assessments.

Perhaps the most important single factor in determining the outcome of a foreclosure proceeding is the stage at which an attorney is consulted. If an attorney is consulted shortly before a foreclosure sale of a property, there is little he or she can do unless there have been some irregularities in the proceedings to that point. On the other hand, if the potential debtor is considering defaulting on an obligation and consults an attorney to ascertain his or her rights and liabilities upon default, the attorney is in a position to play a major role in influencing the client's conduct and the possible outcomes of the foreclosure proceedings.

The attorney representing a client after the client has allegedly defaulted under a real property security agreement must analyze the client's position. All documents recorded or otherwise, must be thoroughly examined. It is essential that the attorney not only be consulted early in the proceedings, but also be able to obtain the client's version of the facts, and if possible the creditor's
version as well. At this point the client, with the help of his or her attorney, will be able to assess the various alternatives and strategies available to the client. Typically, the available alternatives depend on the course taken by the creditor, however, the creditor can be influenced by a client's actions. Actions such as filling a complaint or filing for bankruptcy may be fruitful alternatives and strategies to postponing foreclosure proceedings and will sway a creditor's course of action.

To get started with a free and confidential consultation, please contact our office toll free or via email to speak with an attorney. If you have already spoken with one of our attorneys, or would
like to start your matter, then go to our Client Services & Forms page to sign and return the appropriate retainer agreement to our office. As soon as we receive your documents, we will contact you for additional information or documents as may be needed.

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