If your home located in San Jose is about to be in a foreclosure auction, you can still save your home and stop foreclosure sale date by hiring a San Jose Foreclosure Attorney or California foreclosure attorneys. A foreclosure attorney can stop foreclosure sale within minutes.
The foreclosure crisis may be over, but many homeowners in California are still struggling to keep their homes. A sudden illness or losing a job is all it takes for someone to fall behind on mortgage payments. According to San Jose Foreclosure Attorneys, if you need to stop a foreclosure sale and save your home, you may have a few options available depending on your situation.
There are a few legal options available to stop foreclosure. San Jose residents can file bankruptcy any time before the day and time of the sale to immediately stop the foreclosure. In some cases, if the lender has done something in violation of the California Homeowner Bill of Rights, a lawsuit can be filed. A homeowner can also submit an application for a loan modification with the lender to stop the foreclosure process. Applying for a modification is not a legal process and there is no need to hire a lawyer [or anyone] to submit an application for a modification.
Which Bankruptcy Chapters to File: Chapter 7 Bankruptcy or Chapter 13 Bankruptcy
Bankruptcy is the best way to get a fresh start and wipe out debts if you are too far behind to repay, and filing bankruptcy also stops wage garnishment. Both Chapter 7 and 13 Bankruptcy can immediately stop foreclosure, and get rid of credit card debt and others debts, including medical bills and personal loans. A Chapter 7 Bankruptcy does not work the same way as filing a Chapter 13 Bankruptcy. Both chapters stop the foreclosure, but a Chapter 13 requires a borrower to start making their mortgage payments and paying for the missed payments as well. Chapter 13 is a way to catch up when someone falls behind, while Chapter 7 is more effective for clearing out debt and walking away from a mortgage.
When Is Best to Hire a Foreclosure Bankruptcy Attorney In San Jose to Stop Foreclosure?
A homeowner can file a bankruptcy in order to stop the foreclosure any time before the foreclosure auction. As soon as a bankruptcy is filed, all foreclosure proceedings are automatically stopped, as long as no prior bankruptcy has been filed recently by the same person. Filing either Chapter 13 bankruptcy or Chapter 7 bankruptcy can stop the foreclosure immediately, at the moment the paperwork is filed with the court.
Filing Chapter 13 makes it possible for homeowners to repay any missed payments through a repayment plan. A homeowner can file Chapter 13 Bankruptcy to stop foreclosure to immediately stop an upcoming sale and catch up on missed mortgage payments. As soon as the homeowner files bankruptcy, homeowners receive protection from the court to stop foreclosure, stop creditor harassment, eliminate medical and credit card debt, as well as any IRS debt over 3 years old.
When to file a Lawsuit with a San Jose Foreclosure Attorney
California passed SB900, a foreclosure law designed to protect homeowners from mortgage fraud and wrongful foreclosure during difficult times. A homeowner can take legal action to stop illegal foreclosure if they have facts to prove that their home was wrongfully foreclosed. The best way to know when to file a lawsuit to stop foreclosure is to seek legal help and have a foreclosure attorney evaluate the case.
A homeowner can file a lawsuit to stop wrongful foreclosure when the lender engages in illegal activity such as:
- Dual tracking – This occurs when the lender continues with the foreclosure process while offering to modify the loan at the same time. In California, dual tracking is illegal.
- Negligence – This occurs when the lender says that modification documents were lost or never received by the lender, or says that you qualified for a modification but then later says you have to apply again, In California, dual tracking is illegal.
- Estoppel – When the lender tells you that your modification was denied after first telling you that you qualify, a lawsuit can be filed.
When to Hire a San Jose Foreclosure Attorney
When the lender issues a notice of trustee sale or a notice of foreclosure sale, it’s critical hire a San Jose foreclosure attorney or a California foreclosure attorney to immediately stop the foreclosure sale date. Depending on your situation, A San Jose foreclosure attorney can stop the foreclosure immediately by filing Chapter 13 or Chapter 7 bankruptcy and file a lawsuit if the home was foreclosed wrongfully.
How to find Trusted San Jose Foreclosure Attorneys in CA
The foreclosure attorneys at Consumer Action Law Group help California homeowners save home. They recommend finding a lawyer with a strong track record and a background in bankruptcy as well as litigation. A mortgage foreclosure lawyer should be able to tell you exactly how much you can expect to pay for legal services on the first call. A good lawyer should also be able to explain what they will do and when the foreclosure will be stop.
Consult with a San Jose Foreclosure Attorney for FREE
The experienced foreclosure attorneys at Consumer Action Law Group have helped many homeowners stop foreclosure in San Jose. Whether your home is located in San Jose, Los Angeles, or San Diego, hiring California foreclosure attorneys can help you stop the foreclosure sale immediately. We have a team of foreclosure attorneys that stop foreclosure sale immediately. Our foreclosure lawyers are dedicated to stop foreclosure in San Jose, CA through the courts and provide full protection of the California foreclosure laws to homeowners. Our foreclosure attorneys provide free case evaluation with no obligation to hire and lets you know which option is best to save your home on the first call.
If you live in San Jose, CA and you need to stop a foreclosure sale, our San Jose Foreclosure Attorney is available for an immediate consultation. Nee Foreclosure helps? Call today to be connected to a dedicated foreclosure defense attorney in California. Their attorneys are trained to stop foreclosure within minutes.