Category Archives: Foreclosure

2014 Enhancements of California’s Anti-Deficiency Statutes Give Added Protections to Foreclosed Homeowners

With the new year California homeowners who might suffer a foreclosure now will have enhanced protections against mortgage lenders or debt buyers trying to collect on a foreclosed first mortgage or sold-out junior mortgage. Senate Bill 426, signed into law in July 2013 and effective on January 1, 2014, strengthens California’s existing anti-deficiency statutes. Specifically, […]

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Why a Strategic Short Sale Should Never Be Characterized as “Mortgage Fraud”

Today’s post isn’t really about bankruptcy per se, but as a bankruptcy attorney in California, as you might imagine, I have had an up front and personal perspective on the mortgage crisis over the last several years. I was listening to the California Report on my San Francisco Bay Area NPR affiliate, KQED, last week […]

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Reaffirm a Home Equity Loan in California Bankruptcy? Are You Kidding?

Every now and then my San Jose bankruptcy law firm still gets a fat letter from one of the Big Banks soliciting to try to convince us and one of our bankruptcy clients to reaffirm a California home mortgage loan. If I’m in a relatively good mood that day, I’ll scan the bank letter and […]

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How the National Mortgage Settlement May Help California Homeowners and Those Who Have Lost Their Homes

Since long before the beginning of the current economic downturn, we have counseled hundreds of individuals and families seeking information about filing personal bankruptcy in the Bay Area. But since this recession began, those seeking bankruptcy advice have likewise needed advice on how they might be able to avoid foreclosure, modify their home loans, or […]

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It Is Possible to Avoid Foreclosure in Chapter 13 Bankruptcy

Long before the current foreclosure crisis in California, I met with hundreds of San Jose homeowners desperate to save their home from foreclosure. Yes, even when times were relatively “good” for many, there have always been many Californians who have faced foreclosure due to job loss, sudden illness, failure of a small business, and other […]

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San Jose Bankruptcy Attorneys and NACBA Propose Principal Paydown Plan for Chapter 13 to Help Struggling Homeowners

In my San Jose bankruptcy practice, I meet with homeowners nearly everyday who are struggling to stay in their homes because of the foreclosure crisis. Many of them are in their 30s and 40s, and, as recently reported by NPR, disproportionately affected by steep declines in their home’s value because they had the unlucky misfortune […]

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Move Your Money Out of the Big Banks

Would you continue to patronize a restaurant that offered shoddy service and food that made you sick? Or a plumber who always arrived late, charged twice what he quoted you over the phone and kicked your dog as he left your house? Would you send your kids to a preschool where the teachers gave special […]

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I Was Just Served with a Motion for Relief from Stay. What Is It?

Both Chapter 7 and Chapter 13 bankruptcy provide an important, immediate relief from creditors trying to collect from the debtor. As soon as one of our bankruptcy attorneys files your case, you will get the benefit of the Automatic Stay, which prohibits nearly all of your creditors from collection activity while your bankruptcy case remains […]

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California Foreclosures on the Rise Again

While it may not have felt that way to anyone in the Bay Area facing a possible foreclosure over the last year, the initiation of the foreclosure process—the recording of a Notice of Default by the mortgage lender—had been in decline over the first two quarters of this year. That was then. As reported by […]

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