News and Events
Personal Rights Litigation
At The Pivtorak Law Firm, we employ an unparalleled combination of compassion, tenacity and legal acumen in the aggressive pursuit of your personal rights. Whether you have been injured by the carelessness of another, are fighting to keep your home, need to know your rights under California's new Homeowner Bill of Rights, or feel that your rights as a consumer have been violated, our goal is to ensure that you realize the compensation you deserve.
With offices in San Francisco and Oakland, we serve individuals throughout the Bay Area in cities including San Francisco, Oakland, Berkeley, and San Jose.
Few events are more disruptive to daily life than a serious personal injury resulting from the intentional or negligent acts of another. Whether you have been injured in a car accident, by a dangerous or defective product, or as the result of a faulty medical procedure, The Pivtorak Law Firm will work on your behalf to make things right again. Our personal injury litigation services include the following areas:
- Car Accidents
- Bus Accidents
- Pedestrian Accidents
- Slip and Falls
- Dangerous/Defective products
- Wrongful Death
- Medical Malpractice
Foreclosure Lawyer and Short-Sale Attorney
Bay Area homeowners are facing unprecedented levels of financial stress in the wake of the current recession and recent housing market collapse. In all major metropolitan areas including San Francisco, Oakland, and San Jose, home ownership, once the passport to long-term financial security, has become a nightmare for many homeowners. Mortgages written at the height of escalating property values and employment security are no longer viable.
For years, California homeowners confronting escalating mortgage payments and declining property values have essentially been at the mercy of their lenders. Because of the unprecedented nature of the current mortgage crisis, legislation simply did not exist to mandate bank loan modification and foreclosure procedures in a way that would ensure any sort of level playing field for the homeowner.
On July 11, 2012, Governor Jerry Brown signed the California Homeowner Bill of Rights into law to bring fairness, accountability and transparency to the state’s mortgage and foreclosure process. This Act, which will go into effect January 1, 2013, is a first step in providing struggling homeowners with safeguards to better ensure that their legitimate concerns can be addressed within a somewhat fair and predictable procedural framework.
Up until now, banks have had unfettered power to initiate foreclosure proceedings at any time after a mortgage default. In a practice referred to as "dual tracking," a bank could advance the foreclosure process on a whim, whether or not a final decision had been made on loan modifications being sought by borrowers. This practice has exacerbated the anxiety and uncertainty of homeowners facing potential foreclosures and loss of their homes.
The new Homeowner Bill of Rights makes it illegal for a lender to initiate foreclosure proceedings (including the filing a notice of default or notice of sale, or by conducting a trustee’s sale) until a final decision has been made on the borrower's loan modification request. This procedural safeguard will ensure that borrowers and their attorneys will not feel unduly pressured to push through the loan modification process as quickly as possible for fear that a foreclosure action could commence at any time.
In addition, the Homeowner Bill of Rights requires that banks appoint a single point of contact for borrowers who is empowered - or at least has access to final decision makers - to render a decision on a borrower's loan modification request. Up until now, lenders could essentially create layers of customer relations personnel through which borrowers would have to navigate to eventually have their concerns addressed. The amount frustration encountered by most homeowners in this scenario has likely caused a large number of homeowners to prematurely abandon the loan modification process and ultimately lose their homes.
While the California legislature deserves credit for passing these homeowner safeguards, the language of the Act still contains many vagaries that will require legal representation to successfully negotiate. Whether you are facing foreclosure or are just embarking on the loan modification process, it is important that you fully understand your rights and how these rights might be affected by the Homeowner Bill of Rights. For a free consultation to learn more, please contact the foreclosure attorneys at The Pivtorak Law Firm at (415) 484-3009, or click here to submit a confidential inquiry online.
Though laws in the area of foreclosures and short sales have heavily favored lenders in the past, more recent legislation has begun to slant towards the empowerment of individual homeowners. For example, in July 2012, Gov. Jerry Brown signed into law SB 458. This new law, applicable to short sale transactions in California, provides that holders of second mortgages and more junior liens must accept as payment in full the proceeds of an agreed-upon short sale.
If you are facing foreclosure or are considering a short sale as a means of extricating yourself from an untenable mortgage, it is critical to have a clear understanding of your legal rights, and expanded rights that will accompany enactment of California's Homeowner bill of Rights in January 2013. David Pivtorak, an experienced foreclosure lawyer and short sale attorney, will take the time to understand your unique mortgage situation, explain your legal rights, and advocate on your behalf to obtain a most favorable result with your lender.
The Pivtorak Law Firm can also work with you and your lenders to put you back on track. Our specialized services in this area include:
To learn more about foreclosure rights and short sale options, call Foreclosure Lawyer and Short Sale Attorney David Pivtorak at (415) 484-3009, or click here to submit your confidential inquiry online.
The tightening economy together and increased competitive pressures on businesses have given rise to heightened levels of consumer fraud. California and Federal laws have been enacted, however, to provide elaborate legal remedies to consumers. Whether a product has failed to perform to your expectations, or you have been disappointed by a service that has been provided to you, The Pivtorak Law Firm will vigorously pursue all available remedies to ensure that you receive what you have bargained for.
To learn more, please visit our Consumer Rights page.