Mortgages, Foreclosures, and Liens Category: Housing
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A mortgage is a secured loans. With a secured loan, the borrower promises collateral, in the case of a mortgage (the house) to the lender in the event that they stop making payments. In the case of a mortgage, the collateral is the home. If you stop making payments on your mortgage, your lender can take possession of your home, in a process known as foreclosure.
Forms
Declaration of Abandonment of Homestead
Deed of Full Reconveyance
Homestead Declaration – Spouses as Declared Owners
Promissory Note (see also Deed of Trust)
Substitution of Trustee (Deed of Trust)
Substitution of Trustee with Full Reconveyance
Deed of Trust (see also Prom Note)
Homestead Declaration
Reverse Mortgages
In today’s economic climate, many senior homeowners are investigating a reverse mortgage as a way to produce additional income throughout their declining years. A reverse mortgage is a special type of mortgage in which the homeowner takes equity out of their homes in order to generate money to live on. Typically the...
Read MoreNeighborWorks HomeOwnership Center
Housing
Provides housing counseling for pre-purchasing, post-purchasing, foreclosure prevention, and renting
Housing and Economic Rights Advocates (HERA)
Estates Wills and Trusts
Case consultations on housing, predatory and unfair lending, estate planning, foreclosure prevention, reentry, and credit.
Eligibility: low to moderate income
Deed of Trust and Promissory Note
A deed of trust, also called a trust deed, is the functional equivalent of a mortgage. It does not transfer the ownership of real property, as the typical deed does. Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan. If the loan...
Read MoreHomestead Declaration: Protecting the Equity in Your Home
Under California law, a homeowner is entitled to the protection of a certain amount of equity in the home that is his or her principal residence (home). The protected amount is called the “homestead exemption.” Related Guide: Exemption from the Enforcement of Judgment All homeowners automatically have a homeowner's exemption,...
Read MoreMotion for Disbursement of Surplus Funds After 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. California Civil Code (CC) § 2945-2945.11. In many cases, the attorney representing the company that sold your home will file...
Read MorePetition to Remove Mechanics’ Lien
Owners of real estate sometimes find that a contractor has recorded a mechanics lien on their property, and failed to remove it. Contractors and subcontractors can record mechanics’ liens against a piece of real property for work they do on that property. Although the lien automatically becomes invalid if the...
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