FAQ


  1. My house in foreclosure, can the lender still seek to collect from sue me after the foreclosure sale? It depends. If the lender with the first mortgage forecloses, then that lender will wipe out any subsequent mortgages and liens. The foreclosing lender will not be able to go after the residential borrower for any deficiency as a matter of law. However, the mortgages that were wiped out in the second, third, etc, position will be able to go after the borrower. This seems to be exceedingly rare with commercial banks, at least here in the Coachella Valley.


  2. How much will a lawsuit cost me? It depends. If you want to fight it all the way to the end and do not want to settle, it can easily cost $100,000.00 or more in legal fees to take a case through trial. Cost can vary greatly though because of so many factors such as the impossibility of predicting how the other party to the lawsuit will react.


  3. How long does a lawsuit take? In civil cases, I tell clients at least eighteen months at a minimum. The average is two to three years. Again, this can vary greatly.


  4. Can you give any type of guarantee? No. That is unethical and against the rules of professional conduct. But what I can guarantee is if you get sued, or do not take action to protect your rights, it is almost universally going to harm you or cause more harm than you have already suffered in some way.


  5. Attorney [FILL IN THE BLANK] told me he/she will charge me less than you. Will you match his/her price? No. Sometimes the cheapest lawyer you hire will often be the most expensive decision you make. A lawyer should be paid for his/her skill and experience accordingly. You get what you pay for.


  6. I am a residential tenant. The landlord did not tell me he was in foreclosure and now the house was sold at a trustee's sale. Can the new owner sue me in unlawful detainer? Yes. You as the tenant do not have a contract with the new owner of the property (i.e. landlord). By law, the new landlord has to give you ninety days to move out. However, if you are in a written lease and the new landlord does not intend on occupying the premises, the new owner must honor the remaining terms of the lease (see Tenants After Foreclosure Act of 2009 (Public Law 11-222, enacted May 20, 2009).


  7. I have been sued but I do not do anything wrong. I will just "talk to the judge" and he will see. Why should I even respond to this lawsuit? You should respond because as a matter of law, everything in the complaint is assumed to be true. Unless you refute the complaint and present your side of the story, the plaintiff will get a default judgment against you with rights to collect damages against you. If you do not respond, it will likely cost more in the long run and if you wait too long, you cannot vacate the default judgment taken against you. Also, you cannot just "talk to the judge." Court proceedings do not work that way.



*THE RESPONSES CONTAINED HEREIN ARE GENERAL IN NATURE. EACH CASE VARIES IN ITS FACTS AND APPLICABLE LAW. THE LAW OFFICES OF AARON F. GARCIA ASSUMES NO RESPONSIBILITY IF THE READER TAKES ANYTHING CONTAINED HEREIN OUT OF CONTEXT. ADDITIONALLY, NOTHING IN THIS SECTION IS MADE TO CONTSTITUTE LEGAL ADVICE AND WE ASSUME NO RESPONSIBILITY FOR ANY ACTION OR INACTION THE READER TAKES IN RELIANCE ON THE INFORMATION CONTAINED HEREIN.

Rancho Mirage

Aaron F. Garcia
Office: (760) 346-3788
Email: AGarcia@attygarcia.com