Practice Areas
Our expertise includes advising on the following
Bad faith Hazard Insurance
In California, insurance companies can sometimes act in “bad faith” and breach the implied covenant of good faith and fair dealing. This happens when they misrepresent an insurance contract to the policyholder to avoid paying a claim. The insurance company can unreasonably or willfully deny benefits under an active and enforceable California hazard insurance policy with a legitimate claim, and we can show bad faith if an insurance company handles your claim in an unreasonable manner.
Examples of insurance companies’ bad faith include some of the following:
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Failing to comply with California’s “Fair Claims Settlement Practices Regulations”
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Failing to timely, objectively, and fairly investigate your hazard insurance claim
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Refusing to pay your hazard insurance claim
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Refusing to pay the full value of your claim
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Taking too long to pay an insurance claim
An insurance company’s bad faith allows you to seek legal representation by our law firm and obtain your fair share in your insurance claim.
Civil Litigation
It is a fact of life that sometimes you or your business get sued. However, the choices you make in resolving these issues can seriously you financially.
This Firm has the resources and the ability to limit your exposure and allow you to remain financially intact and protected. A civil lawsuit can be extremely expensive and take many years to get to trial in some California Courts. But trial is usually not the best answer. If you are involved in a civil matter, WE CAN HELP WITH THAT.
Real Estate
SHORT SALE
Short sales occur when the value of your property is lower than your mortgage payoff and your closing costs. In this instance, sometimes your lender will accept a lower payoff than what is owed on a mortgage. Borrowers do not necessarily need to be in default of the mortgage for a lender to agree to a short sale. However, they typically need to prove some type of financial hardship, such as the loss of a job, or a divorce, which are likely to result in default. Negotiating a short sale requires experience and skill to navigate you away from a foreclosure. Trust us to assist you with this process!
SURPLUS/OVERBID FUND RECOVERY
Foreclosure laws in California state that the difference of the unpaid loan amount and the current selling price of the foreclosed property should be paid to the defaulter. Such a difference is known as foreclosure surplus fund OR OVERBID FUND RECOVERY. In order to have access to such funds and to avoid the risk of the foreclosing trustee interpleading the funds to the County Superior Court, our firm can help you claim any excess funds from the sale of the foreclosed property.
POSTPONEMENT OF EVICTIONS
When you are foreclosed, the person who is attempting to assume ownership of your property will act quickly to have you removed from the property. The time to file a response is strict and limited! If you do not file a written response within the prescribed time, you will be held in default. This may lead to an expedited eviction, wherein the authorities will forcibly remove you from the property within days after a judgment.
Our firm will seek to slow the process and in the event there are no means to rescind the sale of your property, we will get you as much time as you need to have a safe transition. We will also try to negotiate a settlement to get you a cash award if an eviction does occur.
SUCCESSION
If you lost a loved one and the property they devised to you is in foreclosure, WE CAN HELP! We know how complex, confusing and emotional the issues involved can be. We will work hard to understand what is most important to you and your family, then help you make the best decisions, with the most appropriate strategy to suit your needs.
Under these circumstances, your financial recovery from the trustee sale can be a confusing and lengthy process. Our firm can assist to provide all of the required documentation for the filing of your probate petition.
PRE-FORECLOSURE
If you are facing an upcoming foreclosure, you are most likely dealing with a lot of stress and hardship trying to save your home at the expense of ruining your credit. We can assist you to avoid a foreclosure, a possible bankruptcy and/or bad credit. Please contact our office for a consultation.