(714) 353-2721 mfox@mjfoxlaw.com

Areas of Practice

Recovery of Surplus Funds from Foreclosure

If your home was sold by the trustee in a foreclosure auction for more money than you owed on the balance of the loan, you are entitled to the difference

Our foreclosure attorneys are helping more clients recover surplus funds from foreclosure sales than ever before because of the recovering economy and recent increase in housing market prices. We are here to help Californians find out how much they are actually owned by the trustee in surplus foreclosure funds – and how to get that money back quickly.

Going through a foreclosure is stressful, and many people don’t know that they are entitled to excess funds from the trustee sale. Lenders don’t make it clear that they have rights to claim the difference in funds from a foreclosure auction, and they certainly won’t send you a check without a formal request. Unfortunately, getting excess funds from a foreclosure sale isn’t as easy as calling your lender and providing an address to send a check.

The process of recovering surplus funds from foreclosure in California can be confusing, and take some time to complete. Because lenders are of no assistance in this situation, most consumers are left with no real guidance on how to proceed. Our experienced foreclosure attorneys will guide you through the process for the best results with no upfront cost to you. We only get paid when we recover money for you, so there is no risk in calling today for a free consultation.

We understand why most people are eager to know how long it will take to get surplus funds from a foreclosure sale. Getting your money back fast is important, and our foreclosure attorneys will fight to get you the difference back as quickly as possible. If you think that you may be owed surplus funds from a foreclosure, or simply need to find out how much you are owed in excess, you should call our firm today for a free consultation. We offer free consultations via phone or in person and accept all surplus fund clients on contingency. This means that we don’t get paid until we collect excess funds on your behalf. Call us now so that we can start helping you recover surplus funds from your foreclosure sale immediately.

Assistance with Wrongful Foreclosure

A wrongful foreclosure can result from a variety of circumstances. In many cases it, is a direct result of inaccurate or misleading statements made by the lender. False promises to modify existing mortgages or postpone trustee sales are common. Other causes can include predatory lending, compliance errors, missing documents, “robo signing”, dual tracking, and other improper procedures

Action against Wrongful Foreclosure

At the Law Offices of Michael J. Fox we always take a proactive approach to post-foreclosure cases. We immediately begin a comprehensive investigation of your case. Using experts, as needed, we carefully examine the loan documents and the foreclosure paperwork. These often provide the evidence that a wrongful foreclosure has taken place.

Once we have all the requisite information, the Law Offices of Michael J. Fox are able to craft a strong case that demonstrates the wrongdoing of the lender. Whether the lender failed to give notice of the foreclosure, agreement, made misrepresentations, violated lending laws, or any other wrongdoing, the Law Offices of Michael J. Fox can help. We have substantial experience protecting homeowners against the wrongful practices of lending companies, banks, and mortgage brokers. We are a team of experts with the skills needed to develop a strong and compelling case on your behalf.

Victims of a wrongful foreclosure have the right to demand the return of their home and to seek real and significant monetary damages. Damages can include emotional distress, loss of equity, and punitive awards.

The new California Homeowner Bill of Rights guarantees many of these rights to property owners who take quick action.

Evictions

After a Foreclosure Sale and your home has been sold at a trustee sale you can expect that an eviction proceeding is pending. There will soon be real estate agents and others coming by asking you to leave. Or they may even try to bribe you with a “cash for keys” offer.

Be careful. The bank, new investor, or real estate agent has only one goal in mind and that is to remove you from your home as quickly as possible. The banks goal is to reclaim as much money as possible, the investor wants to resell your home for a quick profit, and the real estate agent wants to earn his big commission. The cold hard truth is that none of these parties have your best interests in mind.

Real Estate

Acquisitions and sales; counsel regarding due diligence; preparation and analysis of all real estate contracts; enforcing contracts; joint ventures and related transactions; financing; title matters; boundary, easement and encroachment disputes; mechanic’s liens; real estate fraud; commercial leases; foreclosures; loan modifications; issues involving real estate brokerage law; Escrow matters; Homeowners Association disputes; construction defect.

Litigation

Breach of contract
Specific performance
Title matters
Boundary, easement and encroachment disputes
Mechanic’s liens
Real estate fraud
Commercial leases
Wrongful foreclosure
TILA, RESPA, HOEPA and Reg. Z disputes
Unfair competition
Real estate Broker disputes
Escrow matters
Construction defect
Homeowners Association disputes

Business Law

Business formation, licensing and regulatory compliance; corporate governance; purchase and sale of businesses; partnership and shareholder disputes.

Estate Planning

Preparation of wills, trusts and powers of attorney.
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