Legal Question in Real Estate Law in California

Can a private lender accept a Forebearance payment from you and foreclose on the California property one week later?


Asked on 6/13/12, 10:13 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You may want to have the matter reviewed by a lawyer. Legally, the only way to stop a foreclosure without filing bankruptcy is to pay the amount to reinstate the loan. The amount to reinstate is set forth in Civil Code section 2924c. If you claim you had a separate agreement to forebear from foreclosing based on some other payment, that had better be in writing.

I just handled a case on appeal in which the appellate court agreed that the trustee's sale held in violation of an agreement to postpone the sale was void, and did not require a tender. If you have question or would like a consultation on the matter, send me a private e-mail. I only charge for initial consultations if the matter has already been in prior litigation or handled by a prior lawyer.

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Answered on 6/14/12, 4:21 pm


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