Committed
to Excellence.
Results Driven.

Attorneys to the Mortgage Lending Community

free consultation

Practice Areas

• Defense of borrower litigation challenging loan origination, servicing and foreclosure processes
• Judicial Foreclosure, processing Sheriff’s sale, obtaining deficiency judgment and collection
• Enforcement of lender’s right to collect rents generated from income producing property (apartments, office buildings, etc.) through a court action for appointment of a professional property manager to take control of and manage the property, collect and segregate the rents
• Defense of claimed violations of California Homeowner’s Bill of Rights (HBOR), Dodd-Frank, Federal Truth in Lending (TILA), Real Estate Settlement Procedures Act (RESPA), Home Ownership Equity Protection Act (HOEPA), and California Finance Law loan origination procedures and regulations
• Representing foreclosure investors in defending litigation attacks on their title
• Representation on appeals to the California Court of Appeals and California Supreme Court
• Bankruptcy litigation in Chapter 7, 11, 12, and 13 cases, including
  • Obtaining relief from the automatic stay to allow the creditor to foreclose and obtain possession of collateral property;
  • Ensuring compliance with rules applicable to Chapter 13 plan of reorganization;
  • Preparing and filing Proofs of Claim on behalf of creditors;
  • Reviewing disclosure statements and plans of reorganization in Chapter 11 cases and litigating objections where applicable;
  • Litigating objections to use of cash collateral (rents) by a Debtor who owns income-producing property;
  • Preparing and litigating motions to dismiss or convert for failure to comply with the Bankruptcy Code;
  • Defense of lien avoidance actions and other adversary proceedings;
  • Defense of objections to creditor’s Proof of Claim;
  • Representation of creditors on appeals to the Bankruptcy Appellate Panel, District Court, 9^th Circuit Court of Appeals and the United States Supreme Court.

Additionally, our sister company, C&H Trust Deed Service, is devoted to processing non-judicial foreclosures throughout the State of California. Working together, Halavais & Associates, APC and C&H Trust Deed Service provide lenders and investors with a complete package of foreclosure representation.