Foreclosure Defense in Orange County

When a homeowner gets into a financial bind, it can become increasingly difficult to keep up with mortgage payments. Lenders will have very little empathy for a person that can't keep their financial commitments, and will eventually initiate foreclosure proceedings to recover their property. There are several ways that you can avoid a foreclosure, including filing for bankruptcy.

After your bankruptcy petition has been received by the court, an automatic stay will be issued that will immediately stop foreclosure. The stay will remain in effect throughout your case unless the lender requests that the foreclosure be allowed to continue.

A Chapter 7 bankruptcy can give you an opportunity to get current on your mortgage payments, or even modify your mortgage loan. However, it will not permanently stop a foreclosure if you are unable to find a way to pay your mortgage. A Chapter 13 bankruptcy will allow you to create a new mortgage agreement with lower payments.

Postponing a Foreclosure

If your lender is foreclosing on your property, our firm may be able to postpone the sale of your home through a process called trustee verification. This is a legal action in which the trustee's right to sell your home is challenged. Although it only stops a foreclosure on a temporary basis, it will enable you to remain in your home for a longer period of time. An Injunction Against Foreclosure can also be obtained if the lender:

• Violated Truth in Lending laws
• Engaged in wrongful foreclosure
• Failed to follow applicable foreclosure statutes

We will make sure that all of your options are fully explained so that you can make the best decision possible regarding your home. Our firm will also be prepared to take action against the lender for any violations of lending laws and procedures. Please schedule a free consultation if you are in danger of losing your home. We are available to meet with you throughout the week, including evenings and weekends.