Home Buying in 91362>Question Details

Es, Other/Just Looking in 91362

Can you file a lis pendens without an attorney in order to prevent the lender from selling our property? The lender foreclosed on our property

Asked by Es, 91362 Fri Apr 9, 2010

without conforming to the proper procedures. We can't afford an attorney and can't find one who will work on a contingency basis. HELP!

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Es there is goverment paid forclosure avoidance help. HUD pays for the service with a one time fee. If you meet the income guidelines for your county there is no charge and if they can get the forclosure stopped there is actually a bonus in it for them from the government. Here is a link to the agencies in California that are HUD approved.

Good Luck but I would make a call to a company on this list as my step.
0 votes Thank Flag Link Tue Aug 3, 2010
I agree with Barry, time is of the essence. If you have not done so, call them and see if you can actually speak with someone. Do they have a local branch there in your city? I have found better luck doing things like that face-to-face than on hold and on the phone. Good luck.
0 votes Thank Flag Link Mon Aug 2, 2010
Hi There!
Anyone can go to the County Recorder in the County in which you live and file a document. Here is a helpful link to the forms: Hope that is helpful to you.
0 votes Thank Flag Link Sat Apr 10, 2010
HI Es, I think that Barry's recommendations that you try to work with your lender is probably the strongest advice you could recieve if it werent already foreclosed. With the property being foreclosed, you are really going to need legal assistance and in that case Heidi has directed you to a good local resource.

It seems, from what you say about proper procedures, that your issue is with procedure rather than lacking fundamental agreement about whether a foreclosure was appropriate. If you are hoping to receive relief on a technicality, without intending to sound heartless, I think that you may be delaying the inevitable. Unless, you are in a position to show that you were paying as agreed, have full documentation to that affect and can afford to move forward keeping up your payment agreement, you may want to simply start to plan your "what comes next".

The thing is, I see people try to hold on to what they have and if that isnt going to work in the long run, sometimes it can be better just to move on, rather than fight a fight that will end in the same result. Whatever happens I hope that you find a warm place to lay your head and call home and peace. I primarly help people become homeowners but I also help people make some of the biggest changes in their lives......Good luck to you.
Web Reference: http://www.ConejoLiving.com
0 votes Thank Flag Link Fri Apr 9, 2010
Good evening, Es,

I am sorry to hear about your unfortunate problem. Let me make sure I understand what you are saying. You want to file a lawsuit against the lender for not adhering to proper procedure during the foreclosure process and want to know if filing a lis pendens against the property will keep the foreclosure from happening.

This is not a question that the people who normally answer this forum can answer, nor should we unless we are attorneys. There is a self-help center as well as a complete law library at the courthouse at 800 S. Victoria in Ventura. Perhaps there is someone there who can point you in the right direction for pro-bono help if you can't find the answer to this question in their center.

I wish it was going to be easier than it will be. Why don't you consider doing a short sale? Is it possible that you will be able to come up with the back payments soon? There is no point in asking if you spoke with your lender ~ it sounds like you spoke to them until you were blue in the face and got no where.

I wish you the best of luck.
0 votes Thank Flag Link Fri Apr 9, 2010
Hello Es,
This is an excellent question. Lis pendens foreclosures are properties which have a pending suit against them due to the failure on the part of the home owners (you) in paying their mortgage payments to their concerned lenders. A viable property for prospective homebuyers and real estate investors, it is a common practice to buy foreclosures lis pendens from the previous owners who still posses the rights of selling the property. Lis pendens is the Latin term which means a “pending suit” and refers to the notice filed by a bank or a mortgage company at the county recorder's office (800 Victoria, Ventura). BEFORE the lenders foreclose any property a lawsuit is filed against the concerned property due to payment defaults by the homeowners.

When a property is facing 'foreclosures lis pendens' the homeowner has complete ownership until the property is finally foreclosed. During this period which is known as pre-foreclosure the homeowner has the rights to sell or seek refinancing for the property. We have a plethora of links on our website which address where you can go for help at this point. Time is of the essence. Have you called your Lender? Also, try to call this number to seek direction: 888-995-HOPE. We specialize in providing options to Ventura County homeowners facing challenging decisions to their housing and financial woes.
0 votes Thank Flag Link Fri Apr 9, 2010
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