Legal Question in Bankruptcy in California
How to keep a house from forclosing while a families' life is straightened out.
Long story short-- A friend of mine's father drained the family bank account and left the country to be with his mistress, leaving the mother and 4 dependent kids (ages 13 - 20) a month behind on their mortgage and who knows what other bills unpaid. Obviously there are many issues that need to be worked on, but the most pressing one is to make sure they don't lose the house. The mother was not working outside the home previous to these events. My friend (the eldest of the 5 kids @ 29) and three of the four kids are all working, and they should be able to come up with enough money to survive, *if* they can get a break for a month or two. I've always been their 'go-to' friend for problem-solving, and I'm happy to do it. But this is so far outside of anything I've had experience with I don't know the best way to start. Obviously, they'll need a lawyer, but what specialty, how to find a good one, how to change accounts so the (soon to be ex) husband can't hurt them further, etc. In other words, help please!
Also- all of this happened only a few days ago, so the family is still in shock. I want to be able to show them specific things to do so that they focus on problem solving and healing instead of falling into despair.
2 Answers from Attorneys
Re: How to keep a house from forclosing while a families' life is straightened out.
This is a difficult situation. She should file for dissolution to protect other community property from him. Negotiating with the mortgage company is not guaranteed, but if she is represented she may have a better result. Contact me directly.
Re: How to keep a house from forclosing while a families' life is straightened out.
First, close any and all joint accounts (bank, credit, etc) to make sure nothing else is drained/incurred. The house is safe for another 5-6 months because foreclosure, which is a four-month process, hasn't even begun yet. If you need to stop the foreclosure sale and take 3-5 yrs to pay the arrearages that have built up, you can file a Chapter 13 bankruptcy as long as you can keep up the regular mortgage payments as well.
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