Foreclosure in San Diego

Foreclosure may be stopped temporarily by the filing of either Chapter 7 or Chapter 13, or stopped permanently upon the filing and contingent upon complete performance of a Chapter 13 plan.

Usually, if one is far behind on one's mortgage, the lender will start a foreclosure proceeding and, unless a bankruptcy is filed for the borrower or the borrower is able to pay all the arrears, will complete it. Many of my clients have had "near misses", calling on me to file bankruptcy on the very eve of a foreclosure sale.

It is best not to wait until the last minute, since unexpected problems might delay a filing. Your choice of Chapters (i.e. 7 or 13) is crucial in a the context of a foreclosure.

If your choice of bankruptcy is a Chapter 7, and you are in arrears, the lender will simply ask the court for permission to proceed with its foreclosure. The court routinely will grant such a request. This is not to say that a Chapter 7 is never the right choice when a foreclosure is threatened, pending or proceeding. You should call our office to discuss your options.

In a Chapter 13, you will usually be permitted to repay the arrears over a period of three years, as long as you comply with the rest of your Chapter 13 repayment plan and continue to pay the current mortgage payment.