Life’s unexpected situations, like job loss or medical emergencies, can quickly cause a financial strain, leading to property foreclosure or eviction threats. If you’re facing such circumstances, time is critical. Defend your rights immediately by reaching out to Law Offices of Terrence Fantauzzi at (909) 552-1238.
Foreclosure Procedures in California
The thought of losing one’s home is daunting, given that the equity in your family home may be one of your most valuable assets. Federal law outlines the procedures that a lender can use to foreclose a home. After three missed payments, lenders and homeowner’s associations can start foreclosure proceedings by recording a notice of default. If a bank or other lender sends a foreclosure notice, it’s crucial to act swiftly to secure your future.
If you’ve received notice of impending foreclosure proceedings, immediate action is critical. This letter initiates the legal process that could cause you to lose your home, along with all accumulated equity.
Reorganizing Loans on Behalf of Homeowners
Despite sending foreclosure notices, most banks and lenders do not desire to possess the property. They are often open to negotiations, presenting a potential opportunity to negotiate new loan terms. Reorganizing loan terms can be beneficial for all parties involved, resulting in lower payments that spread over a longer period. If current loan rates are low, monthly payments can become significantly more affordable.
Filing Bankruptcy to Avoid Foreclosure
Filing a bankruptcy petition in a local court creates an automatic stay, putting an immediate halt on any current foreclosure case and barring a lender from filing a future request.
Eviction and Unlawful Detainers in California
In California, a landlord must file and win a court case to evict a tenant. The eviction process starts when the landlord gives the tenant a written Notice of Termination, demanding that they address a particular issue or leave the premises, along with a deadline for compliance.
If the tenant does not comply with the Notice by the deadline, the landlord can file an eviction case or an unlawful detainer with the court. The tenant has five business days to respond after receiving a copy of the court records.
Filing Bankruptcy to Avoid Eviction
Filing for bankruptcy imposes an automatic “stay” on the eviction process. This stay halts any collection activity, including eviction. However, bankruptcy does not provide permanent protection against eviction but can offer time for negotiation. A landlord can also file a motion with the court to lift the automatic stay after you’ve filed for bankruptcy, allowing the eviction case to proceed.
Choosing Between Chapter 7 and Chapter 13 Bankruptcy
Both Chapter 7 and Chapter 13 bankruptcy offer protection from foreclosure, detainers, and eviction, but choosing the right one for your situation is crucial.
Chapter 7 bankruptcy allows you to keep most of your personal property, including a car, without paying back debts. On the other hand, Chapter 13 enables you to set up a payment plan with your bank or landlord to pay off outstanding bills, allowing you to retain your residence.
Prompt Legal Assistance for Eviction and Foreclosure Issues
If you’re at risk of losing your home due to rent or mortgage payment issues, bankruptcy might provide a solution. However, time is limited. Once the court has ruled, bankruptcy will no longer be an option.
Law Offices of Terrence Fantauzzi are dedicated to providing solutions to your debt-related problems. With a deep understanding of the US Bankruptcy Code, we’ve assisted many individuals in managing overwhelming debt. There are usually many legal options available to people in your situation, including bankruptcy. Contact us via our website or call us at (909) 552-1238 to schedule an initial consultation to discuss your case.