When homeowners face foreclosure, a home foreclosure attorney can save their home and file bankruptcy or file a lawsuit. In California, one in every 2260 homeowners has faced home foreclosure as of April 2017 (RealtyTrac). While foreclosure rates in California have improved over the years, the threat of losing one’s home still exists. Fortunately, there are legal actions they can take to stop foreclosure.
Filing bankruptcy helps homeowners stop foreclosure fast. There are two types of bankruptcy homeowners commonly choose to stop foreclosure: chapter 7 and chapter 13 bankruptcy. Homeowners need to talk to an experienced home foreclosure attorney to evaluate their situation before selecting which chapter to pursue.
In a chapter 7 bankruptcy, homeowners can wipe out all credit card and medical debt, but must be up to date on mortgage and car payments and must not have too much equity in the house. While homeowners can lose their property with this chapter, most do not. “The benefit of a chapter 7 is that at the end of the case, [homeowners] are discharged debt-free,” said Attorney Lauren Rode. However, there are some exceptions to this, such as student loans.
With a chapter 13 bankruptcy, homeowners can stop foreclosure immediately. The homeowner will then have 3-to-5 years to fully repay their missed mortgage payments [arrears]. An advantage of a chapter 13 is that homeowners do not have to fully repay their unsecured debt (credit card or medical bills).
While homeowners can stop foreclosure by filing bankruptcy, there are times when they face foreclosure due to their lenders’ wrongful practices. In these cases, homeowners can file a lawsuit against their lenders by hiring a home foreclosure attorney.
The California Homeowner Bill of Rights protects homeowners from wrongful practices by their lenders and encourages fair lending and borrowing practices. This means that mortgage lenders cannot deceive their borrowers such as “lying to [them] about putting a hold on [their] foreclosure while [they] are being checked for modification,” (Attorney Lauren Rode). If homeowners are being treated unfairly, a home foreclosure attorney can help file a lawsuit against their lenders.
Homeowners facing foreclosures should act quickly to save their home. Fortunately, they can stop foreclosures by filing a chapter 7 or 13 bankruptcy or filing a lawsuit against their lender. By taking legal action, home foreclosure rates in California can continue to improve.
For free legal advice, California homeowners can call Consumer Action Law Group at 818-254-8413 to talk to a home foreclosure attorney for free.
About Consumer Action Law Group
Consumer Action Law Group is a law firm located in Los Angeles, California. Their bankruptcy lawyers have successfully stopped hundreds of foreclosures for Stockton, California residents. Individuals who live in Stockton, California can call Consumer Action Law Group for free stop foreclosure advice. Bankruptcy Attorneys at Consumer Action Law Group have stopped foreclosures for homeowners within 5 minutes. For a free meeting with a lawyer today, Call Consumer Action Law Group directly at 818-254-8413.
