Judicial / Non Judicial Foreclosures Orange County
The difference between a judicial foreclosure and a non-judicial one is fairly straightforward. In a non-judicial foreclosure, no lawsuit is filed and the lender’s or owner’s recourse is simply to retake possession of the property. By contrast, a judicial foreclosure—the kind far more common in “down” markets—involves filing a lawsuit in order to obtain a court order for eviction.
Contact our Orange County office in Irvine, California, law offices of Oswald & Yap for attorneys who will respect what you have at stake and work to protect your investment with all the tools at their disposal.
At Oswald & Yap, our attorneys have extensive experience with commercial real estate issues that ranges from representing commercial tenants in the negotiation, drafting, and review of lease agreements to providing lenders’ representation in seeking judicial foreclosure on a small storefront property. In both judicial and non-judicial foreclosure cases, we provide smart advice and diligent representation to resolve cases efficiently.
Whichever side of the issue your interests lie on—be aware that recent changes in the United States Bankruptcy Code and other areas of the law may have had an effect on the options available to you and the issues that need consideration. Our lawyers can answer your questions and explain, as appropriate:
- “power of sale” clauses
- deficiency judgments
- anti-deficiency defenses
- fair valuations
- “gradsky” waivers
- one-action rule defenses
- true guarantor issues
- redemption issues
Over 25 Years of Experience with Southern California Real Estate
Listed in the Bar Registry of Preeminent Lawyers since 1985, Oswald & Yap has ABOTA Certified (less than 3 percent of trial attorneys nationally) and AV Rated* attorneys on staff ready to assist you. If you have recently received a Notice of Default on a commercial property or have not been receiving lease payments from a commercial tenant—contact our experienced real estate attorneys today.
We offer a free in-office consultation to all prospective clients and a willingness to work with clients regarding fee arrangements and costs. We are a minority-owned firm and WMBE certified business that is proud to serve clients from a wide range of nationalities. Our attorneys are fluent in Spanish, Korean, Mandarin, German, Taiwanese, Arabic, and French.
*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories – legal ability and general ethical standards.Calvin Yap
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