Real Estate and Foreclosure Litigation

Real-Estate-&-Foreclosure-LitigationIf you are at risk of losing your house or property, you need the legal counsel of Katchko, Vitiello, and Karikomi, PC to defend your rights against the attorneys of lenders and foreclosure trustees.

Foreclosure in California is governed by Civil Code Sec. 2924 et seq. California is known as a “non-judicial” foreclosure state. In California, a lender is not required to take a defaulted borrower to Court in order to foreclose on property. Instead, a lender merely needs to record a “Notice of Default”, allow sufficient time to elapse, record a “Notice of Trustee’s Sale”, and then proceed to auction the property. If a sale is completed, a “Trustee’s Deed Upon Sale” is delivered to the purchaser who can record it with the county and is deemed the new title holder.

Loan Modification and Foreclosure

It is common now to find that borrowers facing foreclosure are also seeking to modify their home loans either through the Home Affordable Modification Program or some alternative program offered by the lender. Due to insufficiently staffed lending institutions, automated document preparation, and a general sense of being overwhelmed by the financial meltdown of 2007 and 2008, lending institutions commonly find themselves in breach of the obligations imposed upon them by borrowers seeking loan modifications and the associated Homeowners’ Bill of Rights requirements.

Katchko, Vitiello & Karikomi, PC is equipped to litigate the following issues related to foreclosure:

  • Violation of Homeowners’ Bill of Rights
  • Dual Tracking (Foreclosing While in Loan Modification Review)
  • Defects in the Chain of Title
  • Improper Deed of Trust Assignments
  • Improper Substitutions of Foreclosure Trustee
  • Debt Collection Practices Violations
  • Breach of Trial Loan Modification Payment Plans
  • Fraud and Misrepresentation by Lender or Servicer
  • Lender’s Failure to Consider Loss Mitigation Alternatives
  • Accounting Issues of Mortgage Loan Payments
  • Breach of Contract

Cases pursued under such circumstances can result in:

  • Temporary Restraining Orders against foreclosure
  • Preliminary Injunctions against foreclosure
  • Loan Modification
  • Monetary Damages
  • Principal Reductions
  • Deferred Payments
  • Forbearance Plans
  • Negative Credit Reporting Corrections
  • Corrected Accounting Statements and Refunds
  • Loan Assumptions

Katchko, Vitiello, and Karikomi, PC can also represent you during real estate purchases and contracts, including:

  • Real property transactions
  • Real property litigation and vendor-purchaser disputes
  • Condominium owners and homeowners association disputes
  • Title insurance matters
  • Boundary disputes