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.
If you are having problems paying your mortgage, an Orange County bankruptcy attorney at 1st California Law can review your mortgage agreement and discuss all of your options. We have helped many clients individuals foreclosure and will do everything possible to prevent the loss of your home. Contact us today!
Other foreclosure defense options you may have include:
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.
Our Santa Ana firm is dedicated to providing superior customer service, and will help you in any way that we can. If you are facing foreclosure and have questions, we have answers! Contact an Orange County bankruptcy attorney at our firm today for the helpful counsel and guidance and aggressive defense you need!
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1st California Law Inc
- Main Office 2090 N. Tustin Ave. Suite 240 Santa Ana, CA 92705 [+] Map & Directions
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"Kevin Kunde is an attorney licensed by the State Bar of California. Mr. Kunde graduated from Chapman University School of Law where he was a Senior Editor for the Nexus Law Journal, a Dean's Fellow/teaching assistant for Contracts course and served as a Judicial Extern for the Honorable John Rayburn for the U.S. District Court for the Central District of California"Read Full Bio