Legal Question in Real Estate Law in California

A bankruptcy filing will stop the sale, instantly. See a bankruptcy attorney about whether this will help you. Don't wait 6 days.

A bankruptcy will certainly stop the sale. You may want to ask your lender if it is willing to postpone the sale, but be very vigilant and keep calling the trustee's sales hot line number. You will find the number on the Notice of Default or the Notice of Trustee's sale. If the sale has not been postponed at least two days prior to the sale then most likely your lender has no intention of postponing the sale and you must see a bankruptcy attorney.

Law Office of James M. Powell 909-890-0105

1894 Commercenter Dr. W. Ste. 108

San Bernardino, CA 92408

(1) File bankruptcy. (2) Pay the amount past due plus costs and penalties immediately - the grace period officially ends five business days before the originally-noticed sale date, but lenders will sometimes take late payments. See Civil Code section 2924c for the reinstatement right and 2924c subsection (e) for the deadline. (3) File and serve a lawsuit stating a legal or equitable ground why the sale should not take place, and then promptly obtain and serve a temporary restraining order. (4) Negotiate an extension with the beneficiary (lender or current note holder) and its trustee, remembering that they may not communicate well on short notice and regarding non-routine matters.