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Mortgage Foreclosure Defense! QUESTION: WHAT IS IT?


QUESTION: CAN IT HELP ME IF I AM LOSING MY HOME? An abbreviated primer by Attorney Morton J. Grabel


There Are More Solutions For Homeowners Today Than


There Have Ever Been. If you or someone you know is a home-owner, are behind


on mortgage payments and are on the verge of foreclosure, there may be options in defending against a foreclosure by using the very same law, lenders use, but to the homeowner's advantage including:


• Federal Laws that protect the homeowner including HAMP, HARP and HARDIST HIT FUND


• State Laws including the California Homeowner Bill of Rights ( "HOBR")that helps protect homeowners from foreclosure and lender abuses.


• *Criteria for (HOBR) : owner-occupied b. residential c. no more than four units


LEARN LAWFUL OPTIONS INCLUDING:


• Litigation: including injunctive relief (to halt the foreclosure), and (actual eco- nomic damages) if the foreclosure has already occurred and if there are lender violations such as breach of contract, fraud, negligence,* dual tracking [*while the loan modification is being considered a non-judicial foreclosure cannot occur] and statutory violations


• Litigation: may encourage a loan modification with a lower interest rate and/or principal reduction and/or extend the length of the term of the loan


• Bankruptcy: may be the right option [ Chapter 7 or Chapter 13]if it is needed to eliminate or reorganize debt


• A Refinance: if the mortgage is not underwater, if one spouse or both have suf- ficient credit and income to qualify for a refinance if there is equity in the property


• A Short Sale: may be the right solution if there is not equity


• A forbearance plan: an agreement between the lender and the borrower wherein a certain portion of the mortgage is deferred for a period of time


• An Exchange: of a deed in lieu of foreclosure Please note the information identified above-and herein does not create an at-


torney-client relationship. Moreover, the information provided above and herein is general information and not legal advice nor shall it be relied upon as a particular an- swer to your particular legal needs. Mort who is originally from Philadelphia, attended an ABA credentialed law school, is a lawyer in California good standing, has an MBA, an active nursing home administrator's license and is a licensed real estate broker in California. For questions or to make an appointment call the Law Offices of Morton


J. Grabel in Temecula at (951) 695-7700. *Disclosure* this office does not offer a loan modification service; although a loan modification may re-


sult from litigation. Do you know these words?


autodidact \aw-toh-DAHY-dakt, -dahy-DAKT\ - noun


1. a person who has learned a subject without the benefit of a teacher or formal education; a self-taught person.


Quotes You could have presented yourself as being self-taught, the product of your


own worthy efforts, there's nothing to be ashamed of, society in the past took pride in its autodidacts… - José Saramago, translated by Giovanni Pontiero, The History of the Siege


of Lisbon, 1996


Origin Autodidact can be traced to the Greek autodídaktos meaning "self-taught."


The combining form auto- is used in formation of compound words and means "self," "same," "spontaneous."


parapraxis parapraxis \par-uh-PRAK-sis\ - noun


1. Psychology. a slip of the tongue or pen, forgetfulness, misplacement of ob- jects, or other error thought to reveal unconscious wishes or attitudes.


Quotes Slips of the tongue are rare with me. When I make them I can be sure I’m


under strain. So I was horrified when I was describing to Denoon my odyssey through Old Naledi and heard myself say that when I saw the shebeen I decided to give the guys at it a wide breast. …But it was a proof of gentility that he over- looked my first parapraxis in his presence… - Norman Rush, Mating, 1991


Origin Parapraxis can be traced to the Greek word prâxis meaning "act, action."


The prefix para- is used in formation of loanwords from Greek and means "be- yond, past, by." By extension, para- is also used to designate objects or activities auxiliary to or derivative of that denoted by the base word.


MARCH 2016


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