Foreclosure and Chapter 13
One of the most important protections of chapter 13 bankruptcy law is the ability to keep your home as you work through your financial problems.
In addition to protecting your home, chapter 13 enables you to reduce the amounts you must repay on most of your other outstanding debts in a chapter 13 plan, including:
- Outstanding taxes
- Medical bills
- Credit card debts
- Auto loans
- Personal loans
Filing Chapter 13 will stop foreclosure on your home, as well as stop collection activities by other creditors. It will also give you a chance to bring your home loan current over the next five years. Chapter 13 is the way many homeowners throughout Santa Clara County solve their financial problems and get a fresh start.
Each case is different, and not everyone is eligible for chapter 13, but it makes sense to look into whether chapter 13 might be the best method for you to deal quickly and effectively with your pending foreclosure. We offer a free initial consultation in which we look at the details of your situation, and help you determine whether chapter 13 is the right solution for you.
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The California Foreclosure Timetable above applies to nonjudicial foreclosure proceedings and shows that there may still be time for you to save your home even if you have received a foreclosure notice. The law on which this timetable is based is set forth in the California Civil Code.
Once your lender files a Notice of Default with the County Recorder, you receive a foreclosure notice. After three months, if the loan has not been brought completely current, a date is set for the sale of your home. Once a sale is scheduled there is still a series of required actions, taking nearly three weeks, that must take place before the sale occurs.
But you shouldn't delay. Each case is different, and not everyone qualifies for chapter 13 protection. It makes sense for you to meet with an attorney to determine whether chapter 13 is the right solution for you.
Learn more about Chapter 13.
Schedule a free consultation.
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Bankruptcy FAQ Manager © EVista Consulting Group, Inc. 2003
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