Legal Question in Real Estate Law in California

Foreclosure Trustee Sales Due

How can you stop foreclosure even if we have interest with keeping the property?


Asked on 7/19/08, 1:15 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Foreclosure Trustee Sales Due

A Chapter 13 bankruptcy filing will immediately stop the trustee's sale and may enable you to keep your home.

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Answered on 7/19/08, 1:26 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Foreclosure Trustee Sales Due

I don't quite understand the question. But if you call our office we can lay out the options we. We do lots of this type of work.

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Answered on 7/19/08, 2:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Foreclosure Trustee Sales Due

The only sure way to stop a foreclosure by trustee's sale is to reinstate the loan by paying the amount in arrears as provided in Civil Code section 2924c. This is usually beyond the means of most defaulting borrowers, because by the reinstatement deadline (five business days before the noticed sale date), the borrower will probably owe six months' worth of payments, plus costs, taxes, etc., but sometimes it happens - maybe the borrower got an inheritance, won the lottery, was able to borrow from a relative, sold an expensive toy like an RV or boat, or maybe was able to sell another piece of real estate.

Filing bankruptcy is a temporary solution with some downside; maybe useful in some situations but the creditor can usually get relief from the automatic stay in short order. Use bankruptcy only after coming up with a plan, and discussing the consequences of bankruptcy on your life in general with a bankruptcy counselor or attorney.

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Answered on 7/19/08, 4:16 pm


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