California Foreclosure Attorney

Defending Homeowners Facing Foreclosure in Los Angeles, Orange and Riverside County

You are a California homeowner facing foreclosure. You may feel helpless and frightened, uncertain about what your financial future holds. This is a situation that more and more California residents are finding themselves in, with the situation the mortgage industry is in at this time. Fortunately, you can find relief in the form of a foreclosure defense lawyer.

At the Law Office of J. Arthur Roberts and Associates, we understand how to help homeowners who are facing foreclosure. It is our goal to provide you with the legal counsel that will help you avoid foreclosure or that will offer you the best chance at a brighter financial future. When you work with an attorney at our firm, you have the backing of our years of experience and knowledge regarding California mortgage law and foreclosures.

Customized Foreclosure Defense in California

As a California attorney and real estate broker, Joseph Arthur “Joe” Roberts relies upon a combination of legal tools, tactics and transactions to help resolve your financial crisis. Foreclosure defense may include asserting your rights under state law, federal law, the bankruptcy code, or even the tax code. Foreclosure defense may include direct negotiations with your lender seeking a voluntary loan modification. “Short sales” or a “deed in lieu of foreclosure” may be utilized as an alternative to foreclosure and to protect your credit rating. There is the always the possibility of a new loan. Each situation is unique and deserves individual consideration. The following will give you an idea of what questions we will need to address in developing your game plan:

Is there a legal basis for a lawsuit against your lender or mortgage broker that could affect the foreclosure sale or the amounts owed?

This is the first line of defense that a lawyer can use against a foreclosure sale. For more details, review our Mortgage Law page, but have your original loan and settlement papers looked over by our firm or commission a full audit and review of the loan documents, the appraisal and the relationship of the transaction participants.

If the loan were modified tomorrow, how much of a mortgage payment could you realistically afford to pay and still feed your family?

Be honest with yourself about how much you can afford. Current income and expenses are key factors in negotiating a voluntary loan modification. Lenders are four times more likely to modify a loan if there is the risk of a lawsuit or bankruptcy. See our Loan Modification page and have your budget analyzed by our firm.

Can bankruptcy be used to wipe out your mortgage debts or restructure the payments?

Second and third mortgage liens can be “avoided” and wiped out along with credit cards under the bankruptcy code. See the Bankruptcy section and contact our firm for details.

Can you obtain a new home loan now or sometime in the next year?

It’s rare; you need to have current equity and be willing to pay a very high interest rate. However, you can refinance your way out of Chapter 13 after one year and borrow up to 97% of the value of your home through an FHA program. See our Bankruptcy Loans page for more details.

After a foreclosure or short sale, will you still owe the lenders and the IRS?

Generally, yes; you are still personally liable for junior liens that are not paid off from the proceeds of a foreclosure sale. The tax implications for capital gains and income tax are very complex and the cancellation of debt still leads to income taxes for most people despite the new law. Review our Real Estate Transaction page for more information, and contact the firm for details.

The devil is in the details and every case is unique. If you have enough income to save your home, the firm can design a legal game plan to pursue that goal. If you are not sure or if you just want out, the game plan can include an “exit strategy” that will minimize your personal liability to your creditors, your income tax liability and the damage to your credit rating.

Actual Testimonials from Actual Clients

"I want to thank you so much for what you have done to help us save our home! You don't realize the relief and peace of mind we have gotten back knowing that my husband and I will be able to keep our home and that we got out of the amortization loan we had prior to all this! THANK YOU SO MUCH! I asked your assistants to send me your business cards so I can pass them on to others who are also going through foreclosure.

I told my mailman what happened and about how you and your team saved us. He had already lost his home, unfortunately, but he was in shock and disbelief that there is help!

I just wanted to thank you, Joseph. I hope I will be able to find you more clients!

Thanks!"

-D.D. 12/08

Hi Joe,

I usually refer to you as Atty Roberts, however this is a personal expression of appreciation, and also through extensive interaction with your "A Team", Jeanne and Kent, I feel like I actually know you.

Kent and Jeanne are a " potent one/two punch" that represent your law firm extremely well. Kent has a pleasing, engaging, caring personality, and is extraordinarily knowledgeable about "housing and foreclosure law". Kent's patient, competent and reassuring manner is what initially assisted me in the decision to retain your law firm. I am a very inquisitive, and aggressive person when it seeking a solution to any legal problem. Some people might consider me to be a "pain in the gluteous maximus" Kent always responded to my many questions promptly, courteously, and competently.

Because of the confidence that I have in your staff, I have sent 8-10 referrals to Kent---of that number, at least 2-3 have , based on my strong endorsement, and their interaction with Kent--joined the ranks of your new clients. All have been extremely happy with your services.

JEANNE IS A JEWEL---she is more of a "no-nonsense type person" who is EXCELLENT at what she does. Jeanne negotiated a great loan mod for me with EMC Mortgage and has "gone to bat" for me several times after receiving my frantic phone calls or emails. She has always been prompt to respond to and handle problems and has always treated me with courtesy, respect, and concern for my issues.

Joe, both Jeanne and Kent are nothing less than FABULOUS, and if these two are representative of the quality of the remainder of your staff----CREAM ALWAYS FLOATS TO THE TOP--your law firm is destined to be the most successful in Orange County--OR ANY OTHER COUNTY!! Thank you for your help! August 2009

Sincerely, Wayne B.

Thank you again for your diligence and patience. Joe and I greatly appreciate all you have done for us. September 2009 Charlene A.

Contact a California foreclosure attorney at the Law Office of J. Arthur Roberts today!