[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm Name] [Law Firm Address] [City, State, ZIP Code] Subject: Matter of Foreclosure Notice Not Received Dear [Foreclosure Attorney's Name], I hope this letter finds you in good health. I am writing to bring to your attention a matter of utmost importance regarding a recent foreclosure that has taken place for the property located at [property address] in San Diego, California. I recently discovered that despite being the property owner, I did not receive any prior notice concerning the foreclosure proceedings. It has come to my attention that as per California law, homeowners facing foreclosure are entitled to receive proper notice of default. However, in my case, I received no such notice and was completely unaware of the foreclosure proceedings until the property was sold. This non-receipt of notice has caused me great distress and confusion as I was not given the opportunity to explore alternative options or strategies to potentially avoid foreclosure. Considering the gravity of the matter, I kindly request your assistance in investigating this issue further and taking appropriate actions to rectify the situation. I believe my rights as a homeowner have been violated, and it is crucial to address this matter through legal means to seek a fair resolution. I understand that there may have been some technical or administrative error that led to the failure of notice delivery. However, in accordance with California Civil Code Section 2923.5, homeowners are entitled to receive a written notice at least 30 days before filing a notice of default, including options for foreclosure prevention. It is evident that I did not receive such mandatory notice, which has impacted my ability to respond accordingly and explore all potential alternatives. In light of the circumstances, I kindly request the following: 1. Investigation: I request a thorough investigation into the matter to assess the reasons behind the non-receipt of the foreclosure notice. This investigation should include a review of all relevant documentation and communication records. 2. Documentation: Please provide copies of all documents and correspondence related to the foreclosure proceedings, specifically focusing on the notice of default and the subsequent steps leading to the foreclosure sale. 3. Legal Advice: I seek your professional counsel to understand the legal implications of the situation and to determine the appropriate course of action to take in order to protect my rights as a homeowner. 4. Remedial Measures: If it is determined that my rights were indeed violated due to the failure of notice delivery, I request proper legal remedies to be pursued to rectify the situation. This may include seeking cancellation of the foreclosure sale, reinstatement of my ownership rights, or any other suitable remedy as advised by you. I appreciate your prompt attention to this matter and look forward to hearing from you soon to discuss the next steps. Please feel free to contact me at [phone number] or via email at [email address]. Thank you for your understanding and cooperation. Sincerely, [Your Name]
San Diego California Sample Letter to Foreclosure Attorney - After Foreclosure - Did not Receive Notice
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FAQ
A demand letter is a written notice from a lender to a borrower which sets out all of the following: the total amount due and payable from a borrower to a lender, including principal, interest, penalties, and other amounts. the security, if any, held by a lender.
Three of the most common methods of walking away from a mortgage are a short sale, a voluntary foreclosure, and an involuntary foreclosure. A short sale occurs when the borrower sells a property for less than the amount due on the mortgage.
Here are some foreclosure prevention alternatives to consider when you think foreclosure is on the horizon. Reinstate Your Loan.Enter Into a Repayment Plan.Enter Into a Forbearance Agreement.Work Out a Loan Modification.Refinance.File for Chapter 7 or Chapter 13 Bankruptcy.
The Demand letter is a much more formal notice that if the loan is not paid and is brought current in a very short period of time, that the lender will proceed with filing the foreclosure at the local court.
Your letter should start with an introduction of who you are and what kind of loan you are applying for. Lead into your story with something like "We want to explain our foreclosure from six years ago." Then, launch right into the details that led you to lose your home. This is not the time to be shy or modest.
Put your name, address, phone number, loan number, and date on the top of the letter. List the name and address of your lender. information about any money you have saved for a workout agreement. Tell the lender you are working with a foreclosure counselor and include their name and agency.
Iwe have availed a loan under the above mentioned loan account and would like to make foreclose of the said loan account. Iwe am/are aware that any foreclosure will be permitted by L&T Housing Finance Limited (LTHFL) subject to foreclosure charges if applicable to loan type and scheme thereof.
Second Mortgages Although a primary mortgage lender's ability to come after an individual following a foreclosure depends directly on the type of loan the borrower had and the laws in her state of residence, second mortgage lenders can almost always file a lawsuit after foreclosure.
year waiting period is required, and is measured from the completion date of the foreclosure action as reported on the credit report or other foreclosure documents provided by the borrower.
