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The Macias Law Firm is here to Serve your Legal Needs Relating to Real Estate Foreclosure Matters, Personal Injury, Immigration, Executive Stock Options Compensation and Business Transactions.
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Foreclosures have been on the rise and hard working folks are losing their homes due to unscrupulous and underhanded actions by lenders.
There is relief in your future under the California Homeowner’s Bill of Rights. Contact us to review your situation with you. The Homeowner's Bill of Rights may hold the answer for you.
On January 1, 2013,California's Homeowner Bill of Rights, went into effect. The law reformed some aspects of the California foreclosure process in order to better protect homeowners in foreclosure.
Between 2008 and 2011, more than one million homes in California were foreclosed. In many cases, lenders did not provide homeowners with a significant opportunity to obtain loss mitigation options to avoid foreclosure and also engaged in extensive mortgage servicing misconduct.
The Homeowner Bill of Rights makes the nonjudicial foreclosure process in California more fair and transparent.
The Homeowner Bill of Rights contains four key reforms:
Previously, a lender could foreclose on a homeowner even while a loan modification application was pending, which is a process called “dual-tracking.” The Homeowner Bill of Rights banned the dual-tracking of foreclosures.
Single Point of Contact
Under the Homeowner Bill of Rights, mortgage servicers must designate a single point of contact for homeowners who are potentially eligible for loan modifications or other foreclosure prevention alternatives.
The single point of contact will remain assigned to the account until all loss mitigation options are exhausted or until the account is brought current.
Penalties for Robo-Signing
“Robo-signing” occurs when a representative of the lender or servicer signs foreclosure documents without reading them or having any personal knowledge about the accuracy of the information contained in them.
Homeowners Right to Sue for Violations
Homeowners may sue the lender or servicer for violations of the California Homeowner Bill of Rights. Potential relief includes:
injunctive relief, such as a halt to the foreclosure sale (if the foreclosure sale hasn't happened yet), or
actual economic damages if the foreclosure sale has already occurred.
Effective Date of the New Law
The Homeowner Bill of Rights goes into effect on January 1, 2013. Many provisions are scheduled to sunset on January 1, 2018, while others become operative at that time.
Applicability of the California Homeowner Bill of Rights
The protections afforded to homeowners by the Homeowner Bill of Rights generally apply to first lien mortgage loans for properties that are:
owner-occupied; residential, and no more than four units.
Contact us now by using our contact form and we will review your situation with you and determine if we can make the Homeowner's Bill of Rights work for you.
Copyright © Ernest R. Macias. All Rights Reserved
Ernest R Macias, Esq., Attorney at Law
1049 Market St. #129 San Diego, Calif. 92101
Contrary to popular belief, when you are involved in any kind of accident and suffer injuries and/or sustain property damage, and it is someone else’s fault, guess what? Insurance carriers are not always quick to respond nor ready to open their wallets to pay you what they owe you for your damages or injuries.
More often than not, it is a fight between you and the insurance company to get them to pay you the amount you believe is fair and reasonable to compensate you for your injuries and damages. This is where we come in! Our legal team is experienced in handling personal injury cases and we will immediately take over all communication with the insurance companies to protect your rights and preserve evidence and obtain the necessary documents to prove up your case.
We will connect you with leading medical professionals in your area to diagnose and treat your injuries. If you are unable to afford medical treatment, we can assist in locating a medical provider that will work on a lien basis. That way, you can continue treating and not worry about paying the medical bills until the conclusion and settlement of your case.
After all injuries are diagnosed and treated we will be in a position to place an appropriate settlement value on your personal injury claim and begin negotiations with the insurance company.
All documentation supporting your claim will be organized into a “demand package” telling the story of your case to the at-fault insurance company. The insurance company will review these documents and respond in the form of an acceptance, a counter offer, or a rejection. Our office will communicate with you during this negotiation and you will have the final decision. As a general proposition, the majority of our cases settle in the pre-litigation stage, prior to filing a lawsuit.
If we are unable to reach a settlement that is fair and reasonable, we will file a lawsuit on your behalf. Although jury trials are rare, we prepare every case as though it will go before a jury. This requires gathering additional evidence and hiring experts who will testify in support of our case.
We will of course, consider engaging in mediation, arbitration and/or seeking other Alternative Dispute Resolution avenues to attempt to accomplish a reasonable settlement of your case before it proceeds to trial.
The most important factor in any injury case, is to see to it that you receive the best medical treatment available to help you recover from your injuries. As I have told Juries in the past, “Ladies and Gentlemen of the jury, we would not be here today if my client had not been injured by the negligence of the other party. If you could give him his health back, the way it was before this accident, we would have no need to ask you to compensate him/her for the damages he/she has sustained nor ask for compensation for his/her pain and suffering.
If you have been injured by someone else and are in need of legal representation, let our team work for you. Use the Contact Us link and let us discuss your case and options with you.
We look forward to working with you.