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If you have received a notice of trustee sale and are facing foreclosure, filing bankruptcy will stop the foreclosure sale. We have the experience and ability to file your bankruptcy case quickly to help you keep your home. Call for a free consultation toll free at 1-877-963-9543. As soon as your chapter 7 bankruptcy petition or chapter 13 bankruptcy petition is filed, the automatic stay will take effect. See the Foreclosure Process for the steps necessary to complete a non-judicial foreclosure in California.
Filing for bankruptcy protection under chapter 7 or chapter 13 can stop foreclosure, avoid foreclosure and prevent foreclosure. If you want to keep your home and catch up on missed mortgage payments please go to Chapter 13 Bankruptcy Basics for more information about how chapter 13 can help save your house. If you unfortunately cannot afford to continue to pay your mortgage each month, then filing a chapter 7 bankruptcy will temporarily stop the foreclosure process depending upon the circumstances. In a chapter 7 case, your mortgage company will eventually file a motion for relief from stay to ask the bankruptcy court for permission to continue to foreclose on your home.
Once one or more mortgage payments are missed your mortgage company may initiate the foreclosure process by first recording a notice of default. Realistically most mortgage companies rarely record the notice of default after only a few missed mortgage payments. Due to the large number of foreclosures most mortgage companies are slow to react and do not immediately start the foreclosure process. That does not mean that they cannot though. Foreclosure is the legal process to take back the property securing the loan. There are two ways a house can be foreclosed on in California. There is a judicial foreclosure and non-judicial foreclosure. Almost all California foreclosures are non-judicial foreclosures given that the process is less expensive and can be completed faster.