Can I sue my lender?

Find out about how we can sue your lender
and stop your foreclosure sale.

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How Litigation Works

Step One Phone Call & Evaluation

FREE phone conference with one of the firm’s real estate attorneys to discuss your situation and merits of your case. During this initial phone call, the attorney will discuss how the litigation case will proceed in court and walk you through a step by step approach to how Foreclosure Defense litigation cases work.

Step Two Prepare & File Lawsuit (Complaint)

Our attorneys will review the facts of the case and will draft potential cause of actions which your lawsuit against your lender will be based on. Each case is very fact specific, as such each Complaint that is drafted by our firm is tailor made to your own situation and your own grievances against your lender.

Step Three Stopping Your Sale Date

After filing the Complaint, our office will either negotiate with your lender’s attorney regarding a postponement of your sale date or we will file an emergency Motion in Court to seek a Temporary Restraining Order which would stop the lender from moving forward on the sale date on your property.

Step Four Negotiations & Settlement

After the filing of the Complaint, your lender will typically attempt to dismiss the case in order to avoid liability. However, if your case has merit, and even if a single claim remains, your case moves forward. Concurrent with the lender’s attempt to dismiss your case, our office begins negotiations with the lender’s attorneys. As a majority of “Foreclosure Defense Litigation” cases resolve prior to trial, as discovery and trial could be very costly for the lender, our office typically reaches a resolution on your case which is favorable to you.

Step Five After Settlement

For some clients even if they are approved for a loan modification after litigation, it is just not enough. These clients may not be able to make the modified payments, or decide that it is not in their family’s best interest to continue to live in the property. For these clients, our firm can assist them with Short Sale or Deed in Lieu for FREE. The added benefit of this option is that homeowner can stay in their Property rent free until the Short Sale is finalized and may be entitled to relocation assistance from their lender.

Stop your foreclosure!

CALL NOW (888) 504-1551

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Frequently Asked Questions

Our firm starts by assessing your individual situation in order to file a lawsuit against your lender/servicer/trustee. After filing a lawsuit, we typically obtain a Temporary Restraining Order (TRO) through the Court to stop any foreclosure activity on the Property. If the Court grants the TRO, the court will set out a hearing date for a Preliminary Injunction to be issued which will permanently stop foreclosure activity on the Property until the case is decided. Concurrently, the parties sued in the lawsuit will generally seek to have the Court dismiss the lawsuit in order to avoid any potential liability. Even if a single cause of action survives the dismissal attempt, the case will move forward and trial will be set. Our ultimate purpose in the litigation is to negotiate a settlement favorable to our client prior to trial.
The California Homeowner Bill of Rights (HBOR) are a set of laws which went into effect on January 1, 2013. The HBOR was designed to protect homeowners against abusive foreclosure practices implemented by lenders and servicers. To find out if your lender or servicer is in violation of the HBOR, contact our firm at 888-504-1551 for a free consultation with one of our attorneys.
RA & Associates is a full service real estate litigation law firm which specializes in foreclosure defense. Our team of attorneys have been zealously advocating the rights of homeowners throughout California since the mortgage crisis.

The materials on this website are provided for information purposes only and do not constitute legal advice. Nothing on this site is intended to create an attorney-client relationship. In addition, the above referenced “case samples” are for information purposes only, and do not in any way constitute a guarantee or warranty by RA & Associates, APC, its attorneys or affiliates. The individual facts of your case may vary. As such, we recommend you contact our office to speak to one of our attorneys about your case.