Real Estate Law


The Gutierrez Law Firm PC has built a strong record in providing litigation and transactional services to borrowers, buyers/sellers, brokers, and escrow companies.  We have fought unscrupulous mortgage loan servicer business practices and have saved over 75 homes and obtained over $3 million in monetary damages.  Our services include: 


  • Real Estate Contracts - We work with deeds, trust documents, lease agreements, mortgages and real estate purchase contracts to protect your interests in any real estate transaction.  In addition to ensuring the required buyer/seller’s disclosures and the Truth in Lending Act disclosures are made, we can help you conduct your due diligence to confirm the legal owner of a property, whether there is an unpaid mortgage or lien which must be settled before the title to the property can properly be transferred, whether there are any easements, covenants, conditions or other restrictions on the property, and the status of any unpaid property taxes or assessments.

  • Second Mortgage Disputes / Negotiation – Mortgage lenders often refuse to modify a primary loan when there is a secondary loan on the same property.  We provide consultation services to help you evaluate best options for successfully negotiating away your secondary home equity loan or line of credit. 

  • Commercial Loan Modifications – Many businesses are struggling to meet overhead and obligations on commercial mortgage loans.  The staggering number of defaults has caused commercial lenders to re-negotiate the terms of commercial notes.  We can help you assess your situation and create a realistic and professional financial analysis, determine any legal claims you may have against your lender that create leverage, and negotiate with your lender.

  • Easements - We prepare and review easements to ensure property disputes do not arise and property boundaries are protected. 

  • Homeowners Association (HOA) Disputes – The Covenants, Conditions and Restrictions (“CC&R”) control the responsibilities and authority of your HOA.  If you are involved a Homeowner /HOA dispute, we can evaluate your CC&R and Rules and Regulations to determine your rights and duties, and we can represent you in any hearing and intervene on your behalf.


  • Foreclosure  and Servicer Misconduct - We have represented hundreds of borrowers in litigating claims against mortgage loan servicers who have violated the Homeowner's Bill of Rights or engaged in breach of contract, negligence, fraud, and deceptive conduct leading to wrongful foreclosures or accounting errors.  We have aggressively litigated cases to trial and on appeal to state and federal appellate courts. Our litigation strategies and extensive experience in real estate law have allowed us to save over 75 homes, obtain over $3 million in monetary damages, and repair our clients' credit histories. 

  • Land Dispute Litigation – Title and boundary disputes involve disagreements about who owns a piece of property and the amount of are the property covers.  We can help determine the best course of action to deal with an easement issue, including settlement negotiation and litigation.

  • Homeowners Association (HOA) Foreclosures – The Davis-Stirling Common Interest Development Act (“the Act”) governs the homeowners’ associations (“HOAs) and its collection of assessments from homeowners.  The Act was enacted in 1986 to avoid the harsh effects and the exponential expense of HOA’s use of non-judicial foreclosure to collect small-dollar assessments owed by homeowners.  The Act created procedural protections that encourage other collection options and make foreclosure a last resort.  When originally enacted, the Act imposed procedural requirements on HOAs such as mandating that HOAs provide a 30-day waiting period prior to recording a lien on the property, providing homeowners the right to request a meeting with the association board prior to foreclosure, and requiring HOAs to accept partial payments from homeowners.  The legislature amended the Act to include additional protections for homeowners to prevent the “extreme hammer of non-juridical foreclosure in order to collect relatively small amounts of overdue assessments.” (California Bill Analysis, S.B. 137 Assembly Fl. (2005-2006 Reg. Sess.)  The Davis-Stirling Act includes prohibitions on foreclosures until delinquent assessments reach $1,800, requires that HOAs comply with additional pre-foreclosure procedures, including an open vote by the board to approve the foreclosure, and provides homeowners the to reinstate up 90 days after a non-judicial foreclosure.  (Civ. Code § 5720). California courts have held that a HOA must strictly comply with the many procedural requirements prior to foreclosure; it is not enough for the HOA to demonstrate that it “substantially complied” with the statute.  If you are facing payment issues or foreclosure proceedings by a HOA, you should contact an attorney to discuss your rights. 

  • Landlord/Tenant - We have helped landlords and tenants resolve issues, handling eviction matters, and defend unlawful detainers. 

  • Real Estate Fraud/Failure to Disclose - We have experience pursuing sellers who have fraudulently failed to disclose property defects and other required disclosures. Our clients have been able to rescind sales and obtain money damages resulting from fraudulent sellers' failures to disclose property defects. 

  • Suplus Funds - After a lender forecloses, the homeowner may be entitled to collect the money left over, after the lender has collected what it was used under the deed of trust and all other liens on the property are paid.  We have experience in submitting the necessary claims to foreclosing trustees and initiating court proceedings to ensure our clients are paid the surplus funds owed to them.  If you believe you may be owed suplus funds, contact us to discuss your case as you may be entitled to the surplus funds plus any accrued interest.