Is A Foreclosure Boom Imminent? Save Your Home Through Bankruptcy
In March 2020, Congress passed the CARES Act, which included a foreclosure moratorium that prevented lenders and servicers from foreclosing on occupants until after August 31, 2020 (with the noted exception of Fannie & Freddie Mac loans for single-family homes, for which extension was granted by the FHFA through December 31, 2020). The current deadline is an extension of the original expiration date set for the end of June, but there is no sign that another extension is imminent.
Save Your Home
There is a bill being considered in California that would prevent foreclosure actions during the 12-month period following the passage of the bill, but unless this passes it would be a good idea to have a plan that does not rely on government action if you are behind on your mortgage payments.
If you are 120 days or more behind on your mortgage, it will again become possible that your lender will attempt to foreclose your home. Fortunately, a foreclosure auction won’t happen immediately and bankruptcy can help you stay in your home.
When initiating a foreclosure, the mortgage lender issues a “Notice of Default” indicating that you are 120 days or more behind on your mortgage and that they intend to sell the property if you do not catch up on what you owe. At least 90 days after the Notice of Default is recorded, a “Notice of Sale”, will be recorded that indicates that the lender may sell your home 21 days or more after recording the notice.
Automatic Stay
Luckily, bankruptcy can protect your home even if you are facing a foreclosure auction. If you file bankruptcy, an automatic stay immediately goes into effect, blocking any and all collection efforts, including foreclosure. When a person files Chapter 13 bankruptcy to save their home they are allowed five years to make payments to cure the arrears on the home while continuing to make their ongoing mortgage payments through a court-appointed trustee. Stretching out these arrears can ease the burden of trying to pay thousands or more within a few months or even weeks to save your home.
Find out today how you can protect your home today through the bankruptcy process. You can reach out to your Stockton bankruptcy attorney at (707) 385-0422.
Categorized in: Assets