Foreclosure Defense

Chula Vista Foreclosure Defense Attorneys

Working to Save Your Home

Losing your home to foreclosure is unimaginable, but it is possible if you become unable to keep up with your payments. It can be easy to feel helpless if you receive a Notice of Default but still lack the funds to make your mortgage current. There are often legal options to avoid a foreclosure, even if you cannot immediately catch up on missed payments, but you must act quickly.

Our Chula Vista foreclosure defense lawyers at The Sexton Law Firm can work to save your home through filing for bankruptcy. We can leverage the bankruptcy’s automatic stay to halt foreclosure proceedings and give you time to reorganize your finances. Our team is compassionate to the stress you and your family are experiencing and will do everything possible to achieve a positive outcome in your case.

If you have received a Notice of Default or otherwise anticipate foreclosure proceedings, do not wait to call (619) 202-8976 or contact us online.

How Foreclosures Work in California

Homeowners in California enjoy a substantial grace period before formal foreclosure proceedings can begin. The clock starts ticking from the date you miss your first payment. Your bank or lending institution will likely call or send a letter informing you of the missed payment and assess late fees and interest. If possible, try and catch up as soon as possible, as lending institutions cannot pursue foreclosure for only a handful of late payments.

If you fall further behind and continue to miss payments, you will likely receive further communication from the bank. After 120 days (or 4 months) have passed since the initial missed payment, your bank will likely file a Notice of Default with the relevant court. They must inform you of their filing within 10 days.

Receiving a Notice of Default should be a wakeup call that foreclosure is possible. The good news is that foreclosures are expensive and time-consuming for banks, meaning there may be room for negotiation and compromise. This might include refinancing or loan modifications. A Notice of Default will also become moot if you manage to gather the funds to bring the mortgage current.

Even if you cannot reach a compromise with your lending institution, you by default have an additional 90 days – or 3 months – to catch up on payments. If you know you will not be able to do so, it may be time to consider foreclosure defense strategies.

Once this additional grace period has passed, a bank can set an auction date to sell your home. Your lending institution must wait at least 20 days after you have been served with official notice to initiate the auction. Once the auction takes place, you will no longer be able to save your home.

How Bankruptcy Can Stop Foreclosure

The good news is that filing for bankruptcy can stop the foreclosure process at any point before the auction takes place. This means that you can choose to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy in the final days leading up to a sale and still potentially save your home.

When you file bankruptcy, the court promptly issues an automatic stay, an order that prohibits any further creditor action from being taken against you. This means that all types of collections actions, including repossessions, lawsuits, wage garnishments, and foreclosures, must be halted for the duration of the bankruptcy filing.

The bankruptcy process can help you reorganize your finances so that you can avoid the risk of foreclosure in the future. Though Chapter 7 bankruptcy does include a liquidation element, you can exempt many of your assets – including equity in your home. We can help you maximize these exemptions while minimizing losses. In a Chapter 13 bankruptcy, your outstanding debts will be consolidated into a single monthly payment.

No matter which type of bankruptcy you file for, you will most likely be able to discharge unsecured debts once you complete the process. While you cannot discharge missed mortgage payments, you can be absolved of other types of debts, freeing up funds to catch up on payments. Our team can help you strategize on how best to leverage bankruptcy’s tools to protect your home and other interests.

We Will Fight for You

Our Chula Vista foreclosure defense attorneys at The Sexton Law Firm realize how terrifying the prospect of losing your home can be. We are experienced with helping clients stop the foreclosure process and navigate out of debt through filing for bankruptcy. Our team can help you explore your options and chart a path to a more sustainable financial future, but you must act quickly. We can only stop foreclosure if you file for bankruptcy before the auction takes place.

Schedule a free consultation with our team to see how we can help you fight foreclosure. Call (619) 202-8976 or contact us online to get started today.

Why Hire The Sexton Law Firm?

  • We Listen to Your Story and Create a Strategy to Achieve Your Goals
  • With offices in Chula Vista, Oceanside, and La Mesa, we serve clients throughout all of Southern California
  • We Offer Free Consultations - Regardless of the Legal Matter
  • We Offer Phone and Video Consultations For Your Safety and Convenience
  • We Are Bilingual and Serve Our Clients in English and Spanish
  • We Are a Family Owned and Operated Law Firm
Attorneys Dedicated to Protecting Your Legal Rights

Awards & Accolades

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5 Star Reviews

Learn Why Clients Trust Us
    They gave me outstanding service!

    “Andrew and his staff at James Sexton law firm are very courteous and professional when handling my bankruptcy. I was a little nervous going into this but came out feeling unstressed. I was given a ...”

    - Michael Harkiewicz
    From the very beginning, they were professional and very efficient in dealing with my case.

    “I was in a car accident back in July and got rear-ended because some guy was rushing on his way to work, you would think the guy would want to save more time by not filling out a police report and ...”

    - Jen Miller
    He allowed me to vent, responded accordingly, and return my text message as if we were friends.

    “Through this very difficult period in my life, I reached out to the Legal Aid Society and they assigned a Lawyer to assist me in filing for bankruptcy protection. Andrew Sexton took the time to speak ...”

    - Brian Powell
    I would highly recommend this law firm for anyone needing help!

    “The Sexton Law Firm was very helpful during the entire process. Andrew was very helpful and knowledgeable. However, Asia was the most helpful. She answered all my questions and relieved my worries ...”

    - Ginger Russ
    His council was well received, and it was honest.

    “I was referred to Mr. Andrew Sexton at a time of great need, confusion, and embarrassment. His council was well received, and it was honest, offered clarity, and calmed four shoulders worth of ...”

    - Chris Myers
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