Legal Question in Real Estate Law in California
I have equity in my home enough to pay off both loans, the 1st and 2nd. There is a pending sale date, like may 27. I WANT TO POSTPONE the sale date, get a 30 day extension.When I call Chase and speak with someone in their foreclosure dept, I get the run around.I realize they don't have to grant me an extension, but, there is no risk to their loan, I am merely trying to get an extension so I can get better offers on my home, which is currently litsed and is aggressively priced and shown. I need a qualified attorney, who knows the ropes, to plead my case for me, 1 extension. Then I would like to know if there are any fees imposed by chase if they did grant an extension, fees that would be passed on to me. I guess I need to know that first.
3 Answers from Attorneys
I doubt you have any chance at all. With all the properties they foreclose on that lose them money, foreclosing on one that will pay them off in full is a dream come true. Your only option I can see is to get together enough money to cure the default, or file for bankruptcy if you qualify. If you qualify and file for bankruptcy and you have positive equity in the property, the court will not let them foreclose and will allow you time to sell it, since that will benefit your other creditors by leaving you cash to pay other debts.
Assuming you don't have a valid, legal reason to postpone or block the foreclosure sale by filing a lawsuit and getting a temporary restraining order, I can think of two possibilities: bankruptcy and paying the arrearages.
You should discuss bankruptcy filing with an attorney who specializes in that area about the particulars, but I should note that I see people filing the initial papers in order to invoke the automatic stay, then failing to follow up with the required schedules, causing dismissal of their cases after a few weeks or maybe months. I do not know what effect a pending bankruptcy case might have on your ability to market your property, but you sure don't want to try to close a sale while your property is subject to a bankruptcy!
The better possibility, if you can manage it, is to pay the arrearages currently due, plus the lender's penalties and costs, thus curing the default as permitted under Civil Code section 2924c. This must be done not later than five business days before the proposed sale date, which gives you about 48 hours. The lender might still take the money on Monday, but is not required to do so.
I agree with both Mr. Whipple and Mr. McCormick. I would be very wary of any representation from Chase, or their loan servicers, or the trustee or the trustee's agents that they will postpone the sale. I am seeing a lot of cases lately where the banks are going ahead and foreclosing anyways, on the listed sale date, despite representations to the trustor that the sale will be postponed. It is very difficult, if not impossible at that point to have the foreclosure sale set aside, without tender of the entire unpaid amount.