There are many myths surrounding foreclosure defense in California.\u00a0 Many individuals facing foreclosure turn to the internet for advice, investing countless hours reading articles promoting the effectiveness of loan modification or the \u201cproduce the note\u201d defense.\u00a0 Some of these tactics are more effective than others, and a few homeowners actually benefit from protected foreclosure defense litigation due to predatory lending practices.\u00a0 However, for the majority of homeowners facing foreclosure an affordable and certain tactic is needed to save their home.<\/p>\n
Chapter 13 bankruptcy is an affordable and effective method for stopping foreclosure and saving your home. \u00a0Stop your foreclosure in Santa Rosa, Sonoma County<\/a>\u00a0or\u00a0Marin County<\/a> today by calling bankruptcy attorney Adam Garcia at (707) 200-6688<\/strong><\/a>.<\/p><\/blockquote>\n
How Chapter 13 Bankruptcy Stops Foreclosure<\/h2>\n
Both chapter 7 and chapter 13 bankruptcy will stop foreclosure immediately, but only<\/em> chapter 13 bankruptcy can save<\/span> your home from foreclosure.\u00a0 Here\u2019s how.<\/p>\n
The Automatic Stay<\/h3>\n
When a client files bankruptcy the automatic stay (see<\/em> 11 USC 362) arises by operation of the U.S. Bankruptcy Code.\u00a0 The automatic stay acts as an immediate injunction against most collection actions, including foreclosure.\u00a0 In effect, once a bankruptcy petition is electronically filed with the U.S. Bankruptcy Court the foreclosure process must stop.\u00a0 Any action taken in violation of the automatic stay, such as the Trustee\u2019s sale, is void and without legal effect.\u00a0 Therefore, as soon as our foreclosure\u00a0attorney<\/a> electronically files your petition with the U.S. Bankruptcy Court the scheduled Trustee\u2019s sale cannot occur.<\/p>\n
Repaying Late Mortgage Payments<\/h3>\n
In chapter 13 bankruptcy you can force your lender to accept a 3 to 5 year repayment plan in which your repay late mortgage payments.\u00a0 Once satisfied, you will no longer be in default on your home mortgage and the lender cannot reinstate foreclosure proceedings.\u00a0 This ability to force your lender to accept a repayment schedule is the mechanism by which you can save your home from foreclosure.<\/p>\n
Stop Foreclosure Today<\/h2>\n
You can file chapter 13 bankruptcy today and stop the Trustee\u2019s sale scheduled for tomorrow.\u00a0 This emergency bankruptcy filing is possible but requires coordination between you and the attorney.\u00a0 To learn more about filing an emergency chapter 13 bankruptcy petition call our attorney at (707) 200-6688<\/strong><\/a>.<\/p>\n
SantaRosaForeclosureAttorney.com is a partner site of SantaRosaBankruptcy.us<\/a>, the leading bankruptcy website for Santa Rosa. \u00a0Bankruptcy attorney Adam Garcia can help you stop foreclosure<\/a> and keep your home. \u00a0If your goal is to eliminate a second mortgage, reduce the amount owed on your car, or just erase credit card debt contact bankruptcy attorney Adam Garcia. \u00a0After a brief phone consultation you will better understand your bankruptcy options.<\/p>\n
Do I Really Need To File Bankruptcy?<\/h2>\n
There is an unwarranted social stigma surrounding bankruptcy.\u00a0 Some people think bankruptcy is a last-resort while others believe bankruptcy is an \u201ceasy way out.\u201d\u00a0 If you\u2019re facing foreclosure chapter 13 bankruptcy may in fact be a last resort, but it\u2019s also a highly effective one, and no, it\u2019s not an \u201ceasy way out.\u201d<\/p>\n
In chapter 13 bankruptcy homeowners repay late mortgage payments over 3-5 years.\u00a0 In turn, banks cannot foreclose while the chapter 13 repayment plan is in effect.\u00a0 After homeowners have satisfied their 3-5 year repayment plan some debts may be discharged (eliminated) in whole or in part. Furthermore, at the conclusion of their repayment plan homeowners will no longer be in default on their mortgage and therefore no longer be at risk of foreclosure.<\/p>\n
In summation, chapter 13 bankruptcy involves the consolidation and repayment of certain debts over time.\u00a0 Certain debts may be eliminated in whole or in part and petitioners generally do not lose any property.\u00a0 For those homeowners facing foreclosure chapter 13 bankruptcy is an effective and affordable method for stopping foreclosure.<\/p>\n","protected":false},"excerpt":{"rendered":"
Stop Foreclosure Today There are many myths surrounding foreclosure defense in California.\u00a0 Many individuals facing foreclosure turn to the internet for advice, investing countless hours reading articles promoting the effectiveness of loan modification or the \u201cproduce the note\u201d defense.\u00a0 Some of these tactics are more effective than others, and a few homeowners actually benefit from […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/pages\/2"}],"collection":[{"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/comments?post=2"}],"version-history":[{"count":5,"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/pages\/2\/revisions"}],"predecessor-version":[{"id":64,"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/pages\/2\/revisions\/64"}],"wp:attachment":[{"href":"https:\/\/santarosaforeclosureattorney.com\/wp-json\/wp\/v2\/media?parent=2"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}