Service is the act of delivering the opening lawsuit papers (the summons, complaint, and other documents as provided by the court) to the defendants in your case. Service may be accomplished in a number of different ways, but the preferred and most common method is personal service, in which each defendant is hand-delivered a copy of the summons and complaint by a person over the age of 18 who is not part of the lawsuit. Our firm typically accomplishes this by hiring an experienced, licensed, and bonded company. When personal service cannot be effective, some alternative methods may be used.
Foreclosure is a legal process that allows a lender to sell a property in order to repay a loan after a default. In simple terms, a foreclosure allows the bank to sell the home to collect the money that they loaned.
As a rule, the lender cannot foreclose if a borrower continues to make monthly mortgage payments. If a borrower defaults and misses more than 3 monthly mortgage payments, the lender is legally entitled to start the foreclosure process. Once the foreclosure process starts, the borrower can stop the foreclosure by either catching up and paying the past due balance, or taking other action.
The best way to prevent foreclosure is to not miss any mortgage payments. However, if you are struggling to prevent foreclosure after missing mortgage payments it is best to call and discuss your situation with an experienced attorney. It may be possible to file a lawsuit against a lender or mortgage company if they are violating the law.
A loan modification is an agreement between the lender and the borrower to modify the terms of the loan (usually lowering the monthly payment and/or the interest rate). There is no requirement for the lender to modify the loan. In general, a loan modification is a voluntary restructuring of debt by the lender to make it possible for a borrower to remain in the home and to make payments to the lender under new terms. A borrower must demonstrate hardship in order to qualify for a loan modification. The lender must be willing to voluntarily modify the loan after reviewing the borrower’s application. In most cases, in addition to past hardship, the borrower must demonstrate the ability to make payments to the lender before a loan will be modified.
Law Offices of Daniela Romero is the firm most homeowners in California turn to when looking for an affordable foreclosure attorney. Clients that located outside of California, Law Offices of Daniela Romero often refers affordable foreclosure attorneys for homeowners in need.