Foreclosure Defense Attorneys in Orange County

Facing Foreclosure? We Can Help Save Your Home.

Facing foreclosure is never easy. It can be an incredibly stressful time, which is why an experienced foreclosure defense attorney in Orange County can prove invaluable. At The Law Offices of Joseph M. Tosti, APC, we're committed to providing our clients with the best possible defense so that they can avoid losing their home. In the span of 30 years, we’ve brought thousands of cases to successful conclusions, and have obtained settlements for our clients in excess of 60 million dollars. If you are currently deciding whether a defense attorney is the right option for you, we are happy to offer a free consultation to address your concerns.

Contact an Irvine foreclosure defense lawyer at The Law Offices of Joseph M. Tosti, APC today. We're available online or call (949) 245-6288 for a free consultation. We speak Spanish !

What Are the Stages of Foreclosure?

If you have missed your mortgage payments for several months, your lender may foreclose on your property and take it back from you. The foreclosure process is different for each state, however, below is a basic rundown of the foreclosure process.

The stages of foreclosure:

• Payment Default -- when the borrower has missed a mortgage payment. The lender will send a missed payment notice. If a second payment is missed, a demand letter will be sent. Keep in mind that the lenders are willing to work with you during the initial period.
• Notice of Default (NOD) -- a notice sent after 90 days of missed payments. The loan sent to the lender’s foreclosure department. Usually, the borrower has another 90 days to settle payments with the lender.
• Notice of Trustee’s Sale -- the property will be for sale at public auction for 3 weeks. This happens if the loan is not resolved within 90 days after the NOD.
• Trustee’s Sale -- the property goes on public auction and is awarded to the highest bidder and they are entitled to immediate possession of the property.
• Real Estate Owned (REO) -- If the property is not sold, the lender becomes the owner of it and will attempt to sell it through a broker or a real estate owned asset manager.
• Eviction -- the borrower can continue to stay in the home until it has sold. After it is sold, an eviction notice is sent.

Typically, a few days are given during the eviction process to allow occupants enough time to remove their belongings. A local sheriff is assigned to visit the property and remove people or belongings left behind. Belongings are usually placed in stores so that they may be retrieved later for a fee. Our foreclosure defense lawyer can help you seek the help you need to save your home.

If you are a homeowner and are looking to challenge foreclosure actions on your property, you've come to the right law firm. Foreclosure can produce several consequences that may negatively affect your life, such as losing your home, experiencing a large drop in your credit score, and prolonging the time in which you’re allowed to purchase another home. Our team of foreclosure defense lawyers understands this, and it’s why we work so hard for our clients.

Common types of defenses against foreclosure:

• State procedures were not followed
• Mistakes were made on the part of the mortgage servicer
• The foreclosing bank does not own the promissory note
• Homeowner is in the military and on active duty

Facing foreclosure can be a complex procedure, which is why seeking the legal representation of an Orange County foreclosure defense attorney can be critical to your success. The process could be time-consuming, but having an experienced attorney on your side may be exactly what you need at this time.

Exploring Alternatives to Foreclosure in Irvine & Orange County

When facing the possibility of foreclosure, it's important to know that you have options. Foreclosure defense is not the only solution. At The Law Offices of Joseph M. Tosti, APC, our experienced attorneys can help you explore alternatives to foreclosure that may better suit your needs and goals.

Some alternatives to foreclosure include:

• Mortgage modification: Our team can negotiate with your lender to modify the terms of your mortgage, such as reducing the interest rate or extending the repayment period.
• Short sale: If you're unable to afford your mortgage payments, a short sale allows you to sell your home for less than what you owe, with the lender's approval.
• Deed in lieu of foreclosure: With this option, you voluntarily transfer ownership of your home to the lender to avoid foreclosure.
• Loan forbearance: This temporary solution allows you to pause or reduce your mortgage payments for a specific period of time.

Our dedicated team will work closely with you to understand your unique situation and guide you towards the best course of action. We are committed to protecting your home and helping you navigate through this challenging time.

Comprehensive Bankruptcy Services in Orange County

• Creditor Harassment
• Chapter 11
• Chapter 13
• Chapter 7
• Homestead Exception