San Francisco Bay Area Foreclosures Attorney
At the Law Offices of James Coy Driscoll, we help tenants and home owners facing foreclosures and evictions. With over 17 years of experience in tenant law, attorney James Coy Driscoll has come up with creative ways to help clients protect their homes.
If you are a home owner, we may be able to help you keep your home even if you are facing foreclosure. For a free telephone consultation, call us at (415) 673-6000, or contact us online.
Foreclosures — Your Property Title is at Stake
When a person buys a home and they don't pay cash, they sign a deed of trust (or mortgage), which allows somebody to sell the house to somebody else if the buyer can't make payments. If a payment is missed, the lender has to give at least 120 days notice before the sale of a home through foreclosure. They also have to file a notice of default with the county recorder's office.
Up until the time of the foreclosure sale, the purchaser can redeem the sale by paying the amount due and paying the costs incurred in the sale. Before the sale, it is possible to save the house. However, once the house has been sold, it becomes much harder to get it back. The best option to get a house back after the sale is through an attack on the validity of the sale, which can be done if a mistake or inaccuracy occurred regarding the notice of foreclosure.
Foreclosure Evictions — Owners
In today's economy, many people are finding themselves in a tough financial situation. Mortgage payments are difficult to make. Notices start coming from the bank. Suddenly, an eviction notice shows up. What can be done when a home owner is still living in the home?
Under California law, a purchaser of a home by a foreclosure sale only has to give the former owner a 3-day notice to vacate before filing an unlawful detainer (eviction) lawsuit. However, it may be worth defending the lawsuit so that you and your family have time to make plans.
Foreclosure Evictions — Tenants
For tenants, landlords must give a 60-day notice to vacate before filing an unlawful detainer, or eviction lawsuit. However, if the tenant is living in rent-controlled property, a landlord may not be able to do an eviction at all. Under San Francisco’s Rent Control Ordinance, there are 15 reasons a landlord can evict a tenant — the fact that a house was foreclosed upon isn't one of them.
Creative Solutions to Tough Problems
Attorney James Coy Driscoll has been handling tough tenant law issues for over 17 years. This experience has allowed him to come up with creative ways to protect former home owners and tenants in evictions and foreclosures. If you are facing foreclosure as a home owner or tenant, we can help.
Contact Us
To speak to a lawyer in a free telephone consultation, please call us at (415) 673-6000, or contact us online.
