Choosing assistance
Understand who is helping you—and what they are authorized to do.
Former homeowners may be contacted by attorneys, recovery companies, researchers, and marketers. In California, non-attorney companies that attempt to assist with a foreclosure-overage claim are operating illegally. Assistance with a claim must be provided by a licensed attorney.
Legal representation
What an attorney-client relationship provides.
An attorney is required to represent your best interest. We work for you to reclaim your equity.
- Legal advice based on the specific facts
- Confidential communications protected by professional duties
- Analysis of ownership, probate, liens, and competing claims
- Preparation of court filings when legal proceedings are required
- Professional regulation through the State Bar of California
- Attorney trust accounting provides assurances regarding the handling of your funds
Recovery services
Only attorneys may assist with California foreclosure overages.
California's Mortgage Foreclosure Consultants Act (Civil Code §2945.1 et seq.) defines a "foreclosure consultant" broadly enough to cover exactly what a paid surplus-recovery company does — and the statute exempts only one category of provider: a licensed attorney rendering service in the practice of law. Every other company that charges a fee to help a former homeowner recover foreclosure overages is a foreclosure consultant under California law, whether or not it uses that label.
- A foreclosure consultant must register with the California Department of Justice and post a $100,000 surety bond before doing business — operating without one carries criminal penalties.
- A foreclosure consultant cannot collect a fee, take a lien, take an assignment of your claim, or take a power of attorney until every promised service has been fully performed.
- You have five business days to cancel a foreclosure-consultant contract for any reason.
- Violating these rules exposes a company to actual damages, your attorney's fees, and at least three times the compensation it collected — plus separate criminal penalties.
- An attorney, by contrast, answers to the State Bar of California and carries fiduciary duties of loyalty, competence, and confidentiality that a consultant does not.
Before you sign anything, ask a recovery company two questions: are you registered as a foreclosure consultant with the California DOJ, and can you show me your bond on file? An unclear, evasive, or "no" answer is a legal red flag, not just a business one.
Read the Mortgage Foreclosure Consultants Act (Civil Code §2945.1) ↗
Compare agreements
Read more than the headline fee.
Compare the services included, who will communicate with the fund holder, whether litigation or probate work is included, who advances costs, how the agreement can be ended, and how confidential information will be protected. Some illegal firms will offer discounted services or say they can help. They are hoping to not get caught.
Our role
Attorney-led review from the beginning.
Equity Recovery Law Group reviews the public record, identifies the likely claimant and holder, explains the proposed legal work, and provides a written representation agreement before undertaking a matter.
This comparison is general information and is not a statement that every company or agreement operates the same way.
Confidential case review
Start with the property address.
Every matter depends on its own records, timing, and competing interests. We can begin with basic information and explain what additional documents may be needed.
Start a free case review →