Legal Question in Real Estate Law in California

Please Respond!

Hello, I haven't been able to pay my home loan monthly payments for 5 months. Today I got in the mail a certified letter from the Bank. The letter says that they are going to put the house for sale and that I have 30 days to respond. Based thank you.


Asked on 4/25/09, 8:22 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Please Respond!

I am sorry for your horrible problem, but your difficulty is largely a non-legal problem. Please look at the various answers posted on this site and others as to the same problem you are facing. Talk to the lender to see what they are willing to do.

Read more
Answered on 4/25/09, 11:57 pm
David Gibbs The Gibbs Law Firm, APC

Re: Please Respond!

I don't think you are reading the "letter" you received from your lender correctly. First, was it a letter, or something titled "Notice of Trustee's Sale?" That makes a very big difference. If what you received is truly a letter, then you are probably at the beginning of the foreclosure process. That means you have some time to attempt to negotiate with the bank to cure the default, and potentially modify your loan to a point where it is affordable. You might also consider bankruptcy, but you would have to be in a position of being able to make future payments plus some payment to make up the arrearages over the next 3-5 years. Finally, you may just want to walk away if you cannot afford the home. If what you received, on the other hand, is a Notice of Trustee's Sale, then you really have 30 or fewer days before the bank will foreclose the home, and you will be evicted. You need to consult with a local attorney as soon as possible. Do Not! contact one of the loan modification companies you see advertising on television or in the papers. You need a qualified attorney to properly advise you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 4/27/09, 12:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California