Legal Question in Bankruptcy in California

Re: Saving my home from forclosure

Aside from figuring out how to pay them, there really isn't much you can do. You could consider converting to a chapter 13 if you have sufficient net disposable income to pay not just the mortgage but to repay the defaulted amount over 3-5 years. Beyond that, there are some attorneys in other States who are aggressively seeking to stop foreclosures by a defense called "produce the note," however, I don't know of many, if any attorneys in California who are pursuing this. Essentially, the defense is that the lender must prove they actually own the loan before they can foreclose. The place to assert this was probably in the relief from stay motion it sounds like they already have completed and have permission to foreclose. By being in bankruptcy, the newest foreclosure prevention act in California is not applicable to you.

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