At Halavais & Associates, APC, we provide legal representation to mortgage lenders and foreclosure investors in California on a complete range of issues. With more than 26 years of experience in foreclosure processing, litigation and asset management, our firm’s expertise and integrity have earned us a reputation as one of California’s premier law firms. The attorneys at Halavais & Associates, APC strive to resolve disputes in a way which makes business sense for the lender. Every client is given personal attention and is guaranteed effective and aggressive legal representation.
Our practice focuses on all aspects of mortgage lender and foreclosure investor representation, including the following:
- 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, 9th 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.