Stop Foreclosure Through Bankruptcy

Summary

Filing for bankruptcy in California can immediately halt foreclosure through an automatic stay. This stay prevents creditors from pursuing debt collection efforts, including foreclosure auctions. The process typically involves a 341 meeting within 20-40 days after filing. If you file before the auction date, the stay will temporarily halt the foreclosure. Consulting a local bankruptcy attorney is highly recommended to ensure all procedures are followed correctly. Pro bono legal services are available for those in need.

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my house is going to be auctioned on January *. What happens to me after?
Hello Robert, could you please tell me your location to provide information relevant to your jurisdiction?
California.
Hello Robert, here's what generally happens in California:
*. If your house sells for more than your outstanding loan balance, you may receive the excess.
*. If it sells for less, the lender can get a deficiency judgment.
*. You can stay until officially evicted.
*. You may even qualify for "cash for keys."
Legal aid can help.
What is Cash for Keys?
"Cash for Keys" is a strategy where the new owner offers you a cash incentive to vacate the property voluntarily, making the process easier and faster. This avoids the formal eviction process which can be lengthy and costly. The amount varies based on factors like property condition and local rental rates.
I know they can give me a three day to quit. If I don’t leave, then they have to submit for an eviction, correct
Yes, Robert, you're correct. In California:
- After a three-day notice to quit, if a tenant doesn't vacate, the landlord can file an eviction lawsuit.
- This starts the formal eviction process in court.
- You will get a chance to respond.
Can they lock me out during the eviction process?
In California, it's illegal for a landlord to forcefully evict you without a court order. This includes changing locks, removing doors or windows, or shutting off utilities. If this happens, you may consult with a local attorney or legal aid service.
my house was under a reverse mortgage. I let everything lapse. The house is definitely worth more than the mortgage or any other incidentals. So there is a chance I may get some money out of the house?
Yes, **** In California, if a house under a reverse mortgage is sold for more than the debt owed, the remainder goes to the homeowner or their estate. However, this depends on specific contract terms and current market conditions. Consulting a local attorney or real estate professional is advisable.
I live in a very high cost real estate. Silicon Valley. The house is definitely worth more than the mortgage. I heard there are ways to delay the auction. Is this correct?
Yes, Robert, there are a few ways to delay a foreclosure auction in California:
*. Filing bankruptcy: This can delay the sale until the bankruptcy is finalized.
*. Applying for a loan modification: This can postpone the sale while the lender reviews your application.
*. Requesting a postponement: Some lenders may agree to delay the sale for a short period.
Consulting with a local attorney can provide specific advice for your situation.
I am waiting for my disability and have no money. Are there pro bono, bankruptcy lawyers?
Yes, Robert, there are organizations in California that offer pro bono legal services. One of them is the Legal Aid Society of San Diego. They have a Bankruptcy Self-Help Center that may assist you. I recommend contacting them for help with your situation.
How long does it usually take for an eviction order after the three day period has lapsed
In California, after the three-day notice period, the landlord can file an eviction lawsuit. The entire process, from filing to receiving a court order for eviction, typically takes around three weeks to a few months, depending on court schedules and any potential tenant defenses.
How do they follow up on the three day quit?
In California, if a tenant doesn't leave by the end of the three-day notice period, the landlord can file an "unlawful detainer" lawsuit in superior court. This starts the eviction process. You will be served with court documents and given a chance to respond.
Does the new owner come to the house and check if I’ve left or is it the sheriff?
In California, after the eviction process, it is usually the sheriff who enforces the eviction order. They may visit the property to ensure it has been vacated. The new owner does not typically perform this task.
I mean before the eviction judgment, but after the three day.
If you're asking about who checks on the property after the three-day notice period but before an eviction judgment, it could be either the landlord or their representative. They cannot enter without giving *-hour notice unless there's an emergency. It's always recommended to communicate with your landlord during this process.
What if I don’t let them in to the house after a * hour notice?
In California, a landlord or their representative can enter the property with * hour notice for certain reasons, like inspecting the property. If you refuse entry, they may use this to strengthen their case during the eviction process. Always consult with a legal professional in these situations.
How long does it take for a bankruptcy to start where I could stop the process of the foreclosure auction
In California, once you file for bankruptcy, an "automatic stay" comes into effect immediately. This halts most collection actions, including foreclosure auctions, until the bankruptcy case is resolved or the stay is lifted. However, the timing is crucial, and professional legal advice is essential.
How can the state be lifted?
Robert, I believe you're asking about how the "automatic stay" from bankruptcy can be lifted. In California, a creditor can file a motion to lift the stay. If the court grants this motion, then the creditor can proceed with collection efforts such as a foreclosure auction. It's important to consult with a bankruptcy attorney to understand this better.
do you know how long it takes for emotion to lift the stay takes?
In California, the timeframe for a motion to lift an automatic stay varies. It often depends on the court's schedule and the specifics of the case. Typically, it might take several weeks to a few months. Consulting a bankruptcy attorney for precise timelines is advisable.
am I able to file for bankruptcy on my own or do I need an attorney?
In California, you can file for bankruptcy on your own, also known as "pro se". However, bankruptcy laws can be complex and mistakes can have serious consequences. Therefore, seeking help from a legal aid organization or a bankruptcy attorney is highly recommended.
OK thank you.
You're welcome, Robert! If you have any other questions in the future, don't hesitate to ask. Remember, it's important to seek professional advice for your specific situation. Good luck with everything!
you’ve been very helpful.
I'm glad to hear that you found the information helpful, Robert! Remember, we're here to provide general legal information whenever you need it. Don't hesitate to reach out with more questions in the future. Best of luck with your situation.
if I file for bankruptcy pro se and make mistakes. Can I correct them at a later date?
Yes, Robert, in California, you can generally amend most bankruptcy forms if you've made a mistake. However, some amendments may require court approval. It's important to note that some mistakes can have severe consequences, so professional guidance is recommended.
How long does it usually take once you file for bankruptcy to make it to court?
In California, after filing for bankruptcy, the first court meeting, called a "* meeting" or "meeting of creditors," typically occurs between * to 40 days. However, the entire bankruptcy process can take several months to a year, depending on your case and type of bankruptcy filed.
What happens at a * meeting
At a * meeting in California, you'll meet with the bankruptcy trustee and possibly your creditors. Here's what generally happens:
- You'll be asked to verify your identity.
- The trustee will ask questions about your bankruptcy forms and financial situation.
- Creditors may ask questions, however, it's rare that they attend.

Remember, each case is unique and this is a general overview.
How long does it take for bankruptcy paperwork to be processed?
The processing time for bankruptcy paperwork can vary. However, in most cases, it takes about *-* weeks from filing to the meeting of creditors, which is a key step in the process. Could you please let me know which country or state you're in for more specific information?
I’m in California.
In California, the processing time for bankruptcy paperwork is typically *-* weeks. After filing, you'll have a meeting of creditors (* meeting) within *-40 days. This timeline can vary based on your specific circumstances and the court's schedule.
How long does it take to have a stay in place when I file for bankruptcy?
In California, an automatic stay goes into effect immediately when you file for bankruptcy. This stay prevents creditors from pursuing debt collection efforts.
so it could happen in a day or two.
Yes, the automatic stay is immediate when you file for bankruptcy. It can provide relief from debt collection efforts almost instantly. Please consult with a local attorney for personal advice.
my house is up for auction on the 10th of this month. If I was able to submit bankruptcy paperwork before then. Would I be able to get a stay?
Yes, if you file for bankruptcy before the auction date, an automatic stay should go into effect immediately. This would temporarily halt the foreclosure. However, it's crucial to consult with a local bankruptcy attorney to ensure you follow all procedures correctly.