In California, you will receive a Notice of Trustee Sale Date when your lender places your home into foreclosure. The sale date is the same as an auction date. Our bankruptcy attorney has extensive experience helping individuals stop foreclosure in San Jose and throughout the Bay Area.
At the Law Offices of W. Kirk Moore, we are dedicated to helping individuals pursue Chapter 7 and Chapter 13 bankruptcy protection. Our comprehensive representation enables us to provide effective guidance for all of your financial issues, including foreclosure.
With sufficient time to gather and file appropriate documents, our legal team can help you stop foreclosures. Filing for Chapter 13 protection initiates the automatic stay, which legally stops all creditor actions. Even if you have a foreclosure sale date for your home, as long as we file your bankruptcy prior to the sale date, we can stop the foreclosure. It is essential that you contact our law firm immediately to ensure enough time to file the appropriate documents.
You will need to have the resources to make two monthly payments to keep your home. Under Chapter 13, you would pay your regular monthly mortgage payment and a small bankruptcy trustee payment. Your repayment plan would allow you to place your mortgage arrears into the plan and spread it out over five years.
Your payment plan helps you get current with your arrears. Additionally, depending on your situation, you could also remove your second mortgage completely.
Under Chapter 13 you can stop creditors from repossessing your property. You may also be able to cram down or lower your payments under Chapter 13. Once you file for bankruptcy protection, your creditors must stop any actions against you, including seizing property. If your car, mobile home or furniture was already repossessed, filing for Chapter 13 can help you get it back.
