The Law Office of Stanley D. Bowman: Bankruptcy Information

The Law Office of Stanley D. Bowman top

700 N. Pacific Coast Highway Suite 202-A, Redondo Beach, CA 90277

Telephone (310) 937-4529 Fax (310) 937-4440

Practice Specialty: Foreclosure

Falling behind on mortgage payments can feel overwhelming — but if you’re a California homeowner, you have important legal rights and protections. Both federal law and California law are designed to ensure that lenders treat you fairly and that you have a real chance to save your home. An experienced attorney like Stan Bowman will help you navigate the legal process of protecting your property from foreclosure.

Key Protections Under Federal Law

• Fair Debt Collection Practices Act (FDCPA):
Debt collectors must follow strict rules — no harassment, false statements, or unfair practices

• Service members Civil Relief Act (SCRA):
Active‑duty military members may be entitled to foreclosure protections and interest rate caps.

• Loss Mitigation Requirements:
Federal mortgage servicing rules require lenders to evaluate you for alternatives (like loan modifications or repayment plans) before moving forward with foreclosure.

A Summary of California’s Homeowner Bill of Rights (HBOR)

The most recent complete version of the California’s Homeowner Bill of Rights can be read here.

✓ Advance Notice:
Your mortgage servicer must try to contact you at least 30 days before filing a Notice of Default to discuss options.

✓ Single Point of Contact:
You’re entitled to a dedicated contact person or team to guide you through the process.

✓ No “Dual Tracking”:
A lender cannot move forward with foreclosure while reviewing your completed loan‑modification application.

✓ Application Rights:
If you apply for a loan modification, the servicer must confirm receipt, notify you of missing documents, and give you time to fix errors.

✓ Appeal Rights:
If your modification is denied, you must be told why and given a chance to appeal.

✓ Fee Restrictions:
You cannot be charged fees just for applying for a modification, and late fees must pause while your application is under review.

The California Foreclosure Process

Most foreclosures in California are non‑judicial, meaning they don’t go through court. The typical steps are:

Step 1. Notice of Default (NOD):
Recorded with the county; you usually have 90 days to catch up on payments.

Step 2. Notice of Sale:

If the default isn’t resolved, the lender issues a notice setting the auction date.

Step 3. Trustee’s Sale:

The property is auctioned to the highest bidder.

New California Foreclosure Laws in 2025

• If you submit a listing agreement with a licensed real estate broker at least 5 business days before the sale, the foreclosure must be postponed for 45 days.

• If you then present a bona fide purchase offer, the sale must be postponed another 45 days.

• Homes cannot be sold at auction for less than 67% of fair market value at the initial sale..

What This Means for You

✓ You have the right to be informed and to explore alternatives before losing your home.

✓ You have the right to fair treatment—lenders cannot rush foreclosure while reviewing your options.

✓ You have the right to representation—an attorney can step in to enforce these protections and negotiate on your behalf.

Facing foreclosure is frightening, but you are not powerless. Federal law and California’s Homeowner Bill of Rights give you tools to fight back, protect your home, and explore alternatives like loan modifications, repayment plans, or even selling on your own terms.

Talk to an attorney today. Every foreclosure case is unique. Stan Bowman is an experienced California foreclosure attorney who will explain your rights, stop unfair practices, and help you decide the best path forward. Call the office in Redondo Beach at (310) 937-4529 to schedule an appointment.