Judge Kirk Nakamura started a program to avoid foreclosures in Orange County, “I wanted to see if we could keep people in their homes,” says the Judge. The program is modeled on a similar program in Philadelphia. A recent appellate decision says that if a lender does not follow a state law requiring that it explore options to avoid foreclosure then the lender can be sued. See, Mabry v. Superior Court 18 Cal. App.4th 208 (2010)
In order to avoid foreclosure in Orange County the homeowner must have received notice of foreclosure and then must move for an injunction which brings the matter before the court. Orange County may be the only place in California where such a program exists. According to the Los Angeles Daily Journal local attorneys report that the Orange County program is the only legal process available which requires the lenders to make a good faith attempt at avoiding foreclosure.
Legal Updates by the Law Offices of William W. Bruzzo (714) 547-4636