Legitimate foreclosure help in California comes from three main places: your mortgage servicer's loss mitigation department, a HUD-approved housing counselor, and a licensed attorney. Each plays a different role. Anyone who asks for payment before doing loan modification work, or asks you to sign over your deed, is a warning sign.
When a Notice of Default arrives, the mailbox fills with offers from companies promising to "save your home." Sorting real help from predatory pitches is the first job. If you already have a notice with a date on it and want to know where you stand, you can call (415) 754-0115 to schedule a free consultation with attorney Bob Somal, or reach out through our contact page, and get a straight answer about your options.
Comparing your sources of foreclosure help in California
Your mortgage servicer
The company that collects your payment is the only party that can approve a forbearance, repayment plan or loan modification on its own loan. Contacting its loss mitigation department directly should usually happen early.
The limits of going it alone
The servicer represents the lender's interests, not yours. Applications are frequently marked incomplete, documents go missing, and deadlines are not always explained. Keep copies of everything you send and note every call.
HUD-approved housing counselors
Nonprofit counselors approved by the U.S. Department of Housing and Urban Development are trained in foreclosure avoidance. They can help you build a budget, understand servicer programs and prepare an application. You can find one through HUD's website or the Consumer Financial Protection Bureau.
Where counseling stops
Counselors cannot give legal advice, represent you in court, file bankruptcy or bring claims against a servicer that violated the law. When the problem is legal rather than paperwork, you need a lawyer.
A licensed attorney
An attorney can review notices for defects, enforce your rights under California's Homeowner Bill of Rights, negotiate with the servicer, challenge a sale in court when there are real violations, and evaluate bankruptcy as a way to stop a sale. You can verify any California lawyer's license on the State Bar of California website.
Foreclosure rescue scams to watch for
Scammers target homeowners because foreclosure creates fear and a deadline. California has specific laws aimed at these schemes, including a rule that bars anyone, attorneys included, from collecting payment for loan modification services before every promised service is performed. Watch for these red flags:
- Upfront payment demands for a loan modification or "foreclosure prevention."
- Instructions to stop paying your lender and pay the company instead.
- Requests to sign over your deed or add someone to title so they can "rent it back" to you.
- Promises of a result, such as a specific lower payment or a stopped sale, before anyone has looked at your file.
- "Forensic loan audits" sold as a way to cancel your mortgage.
- Pressure to sign quickly, blank forms, or documents you are not allowed to take home and read.
- Advice not to talk to your servicer, your counselor or a lawyer.
Why these schemes work
Rescue scams rarely look like scams at first. They use official-sounding names, reference government programs, and send paperwork that resembles a servicer's letters. Some even pass along a few genuine documents to build trust. The common thread is that they ask for money or control of your home before they have done anything you can verify. A legitimate professional will explain what they will do, put it in writing, and let you take time to read it.
If you think you have been targeted, you can report it to the California Attorney General, the California Department of Real Estate or the State Bar, depending on who was involved.
When legal help matters most
Many homeowners start with the servicer or a counselor, and that is often reasonable. Some situations call for a lawyer sooner:
- A sale date is set and the Notice of Trustee's Sale has been recorded.
- Your modification was denied and you believe the servicer made errors, or the servicer proceeded with foreclosure while your complete application was pending.
- You have other debt problems, such as a second mortgage, tax debt or credit card lawsuits, that affect whether the home is affordable.
- You are considering bankruptcy to stop a sale or cure arrears through a Chapter 13 plan.
- A short sale is on the table, and you want the terms reviewed, including how any deficiency is handled.
Our guide on how to save your home from foreclosure goes deeper into the options themselves.
What to have ready, whoever you call
- Your mortgage statements and the servicer's contact information.
- Any Notice of Default or Notice of Trustee's Sale.
- Proof of income, recent bank statements and your latest tax returns.
- A short written explanation of your hardship and when it began.
- Copies of any application and every letter from the servicer.
How The Somal Law Firm helps
The Somal Law Firm represents homeowners in Pleasanton, the Tri-Valley and across Alameda and Contra Costa Counties in foreclosure defense, loan modification and foreclosure prevention, as well as short sale negotiation, mortgage disputes and bankruptcy. Attorney Bob Somal can look at the foreclosure alongside your other debts and explain every route, including ones that do not involve a lawsuit or a bankruptcy filing.
Frequently asked questions
Is it a scam if a company says it works with attorneys?
Not necessarily, but it is a common tactic. Ask who the attorney is, verify the license with the State Bar, and be wary of any upfront payment demand for modification work.
Should I call my servicer before calling a lawyer?
Many people do, and it is often a sensible first step. If a sale date is set or the servicer's handling seems wrong, getting legal advice promptly matters.
Are there state programs to help homeowners in California?
State and federal assistance programs open and close over time. A HUD-approved counselor can tell you what is currently accepting applications.
You do not have to sort this out alone or trust a stranger's sales pitch. Call (415) 754-0115 to schedule your free consultation, or reach out through our contact page, and we will review your notices and explain your realistic options, step by step.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.