San Diego Bankruptcy Attorneys – Chapter 7 & Chapter 13 Bankruptcy Lawyer

As San Diego bankruptcy attorneys who have been solving consumers debt relief problems for 35 years, one of the major mistakes people make is not filing bankruptcy soon enough.  People always seem to believe that they will be able to get out from under the mountain of bills.  Of course, you might be able to, but you should never make any financial decision without sound planning and advice.  There are certain markers that you need to look out for that will signal you might be an excellent candidate for San Diego bankruptcy protection.  Sometimes you need to sit down and look at the numbers.  We are here to give you guidance as to when it might be a good idea for you to seek the advice of San Diego bankruptcy attorneys.

There is really no “absolute” time when you must file for bankruptcy protection, but there are a few indicators that you want to keep in mind.  Your San Diego bankruptcy attorneys will guide you through the step by step process:

• If you are barely able to pay the minimum amount on your credit cards
• If you cannot see yourself paying off your bills within the next five years
• If you have received a Notice of Sale or Notice of Default
• If you have been in a major accident
• If you have lost your job
• If you are in the middle of a heated divorce proceeding

These are some of the most common scenarios for which clients seek the advice of our Chapter 7 and Chapter 13 lawyers.  But, you must keep in mind that filing for bankruptcy will not always eliminate all your debt.  The following are generally not dischargeable in a Chapter 7 or Chapter 13:

• Any child support you may owe
• Taxes for which a lien has already been filed
• Spousal support or Alimony
• Recent large purchases that may be considered luxury items
• Debts based on intentional conduct or fraud

In choosing your San Diego bankruptcy attorneys, you will want to take several factors into account.  First, you want to have bankruptcy attorneys who have a wealth of experience.  Any lawyer can fill out the forms, but only a skilled, experienced bankruptcy lawyer can manipulate the code in order to best serve YOU.  If your Chapter 7 or Chapter 13 lawyer does not understand the law or has not had any real life experience, you will get a boilerplate bankruptcy filing.

Second, you will want to make sure that you are dealing with a bankruptcy attorney and only a bankruptcy attorney.  One of our greatest strengths is the ability to provide personal attention to all our clients.  You will never speak with anyone other than an attorney.  We believe that your financial future is too important to leave in the hands of a paralegal or document preparer.

Call our office TODAY to set up a free consultation with an experienced bankruptcy lawyer. At Thompson | Wedeking, because we are San Diego bankruptcy attorneys, we will guide you through each step of the Chapter 7 or Chapter 13 or San Diego County foreclosure process. You can stop any financial crisis before it starts. Call us at 619.615.0767 for more information.

San Diego Loan Modifications – Stop Foreclosure In San Diego – San Diego Foreclosure Attorneys

As San Diego bankruptcy lawyers, we are getting more and more clients who have attempted loan modifications before seeking protection through Chapter 7 or Chapter 13 debt relief plans. While this was billed as the great saving plan for those behind on their mortgage payments, we are seeing that it has been a monumental disaster. Further, there are many unscrupulous companies out there that will take your hard earned money knowing they will not be able to modify your loan.

However, you want to make sure that you are not involved in one of the rampant scams in the loan modification business. Here are some of the signs:

• You should never pay up-front fees. In fact, it is illegal for non-lawyer foreclosure and loan modification consultants to collect money before services are rendered.
• You should not ignore your creditors.
• You should not transfer a title to your home to ANYONE. This is a racket that has been spreading in recent years. These people will not modify your loan or stop San Diego foreclosures.
• You should not send your home loan payments to ANYONE other than your lender. There is a risk that the loan modification company will keep the money for themselves and your lender will start a San Diego foreclosure.
• You should never sign any documents without first consulting with an experienced San Diego foreclosure attorney.

Now, we are not saying that every loan modification firm is out to rip you off. There are plenty of loan modification companies that are legitimate. When you do begin to work with a San Diego loan modification company, your foreclosure lawyer will want to contact your lender in order to stop the San Diego foreclosure. This is something that you must do if you want keep yourself from losing your home. After they stop the San Diego foreclosure, you will want your loan modification attorney to put together a timeline of the upcoming events.

If you are someone in San Diego that is facing a foreclosure, you must act quickly either through a San Diego Chapter 13 or a loan modification. The best way to get out of financial trouble is to to contact a San Diego foreclosure or loan modification attorney.

Call our office TODAY to set up a free consultation with an experienced bankruptcy lawyer. At Thompson | Wedeking, because we are San Diego bankruptcy lawyers, we will guide you through each step of the Chapter 7, Chapter 13, foreclosure or loan modification process. You can stop any San Diego foreclosure before it starts. Call us at 619.615.0767 for more information.

Foreclosure Help In San Diego – San Diego Short Sale Attorney – Stop A San Diego Foreclosure

Short Sales

When a consumer is faced with a San Diego foreclosure, a short sale of the property may be beneficial if the lender will approve it. A short sale will stop a San Diego foreclosure and stop the mortgage company from taking a deficiency judgment. A deficiency judgment would be the difference between what you owe on the home and what the lender is able to get for it in a sale. In this market, the difference can be quite staggering.

Don’t Wait Until You Lose Your Home In A San Diego Foreclosure. Contact experienced San Diego Bankruptcy attorneys TODAY by calling 619.615.0767 for a free confidential case evaluation. Dealing with a San Diego mortgage company during a short sale can be a complicated process. As San Diego short sale and foreclosure attorneys, we see lenders being more and more difficult when approving sale prices. Further, you have to provide adequate proof to the lender that the price is in fact lower than what is owed on the property. Otherwise, the lender will not stop a San Diego foreclosure.

Furthermore, your home loan company will want documentation from you, the borrower, as well. You have to be able to show the bank that you cannot afford to make future payments or they will not stop a San Diego foreclosure. You must provide the lender with all the information they need while at the same time proving you are insolvent.

You really need a San Diego foreclosure attorney to assist you with your short sale because you want to show that you cannot make the payments going forward, but you do not want to paint the picture that you could not afford the payments at the time the loan was entered. This mortgage fraud. It is vital that you are represented by an experienced foreclosure attorney so that you are fully protected.

Walk Away

Along with the San Diego short sale, one of the newest strategies in dealing with delinquent mortgage payments is the “walk-away.” Under this idea, the borrower decides to stop making mortgage payments and allows the lender to initiate a San Diego foreclosure. The borrower concludes it is a better business decision to stop making payments, save their money, and let the bank foreclose.

In California, we have what are known as anti-deficiency statutes. These statutes state that if in a San Diego foreclosure sale the sale price of the home is less than what is owed on the property, the lender cannot come after you for the difference. This risk is priced into almost all California lenders’ business models.

While this may seem like a good idea, there are several things which you should consult a San Diego foreclosure attorney about. First, a foreclosure has just as much impact on your credit score as a Chapter 7 or Chapter 13 debt relief plan. If you have other unsecured debts, such as credit cards, medical bills, etc, it would be a much BETTER option to file for bankruptcy. Second, there are many exceptions to the anti-deficiency statutes that you MUST discuss with an experienced San Diego bankruptcy lawyer. If one of those exceptions applies, you will be liable for the difference.

Call our office TODAY to set up a free consultation with an experienced bankruptcy lawyer. At Thompson | Wedeking, because we are San Diego bankruptcy lawyers, we will guide you through each step of the Chapter 7, Chapter 13 or San Diego foreclosure process. You can stop any creditor wage garnishment before it starts. Call us at 619.615.0767 for more information.

Stop Foreclosure In San Diego – Foreclosure Help In San Diego

San Diego home owners are dealing with foreclosures at an alarming rate. If the homeowners think about their original purchase, they never expected to be in that position. San Diego homeowners never anticipate filing for Chapter 13 in order to stop a foreclosure in San Diego.

As San Diego foreclosure attorneys, we know that there many reasons why homeowners seek to stop a foreclosure in San Diego by filing a Chapter 7 or Chapter 13 debt relief plan. Some of the many reasons we see:

• Loss of Employment
• Mounting Medical Bills
• Loss of a Family Member
• Divorce
• Excessive Credit Card Debt
• Change In Loan Terms
• Wage Garnishment

As San Diego foreclosure lawyers, we ultimately want you to avoid foreclosure if possible. In fact, the lenders want to stop a foreclosure as well because they are not in the business of owning homes.

But sometimes, stopping a San Diego foreclosure is not possible. The powerful Chapter 13 debt relief plan can provide all the foreclosure help you need. However, it is very important that you do not put it off. Do not be ashamed. Do not throw away a letter from your mortgage company.

As soon as you file for Chapter 13, your San Diego foreclosure will stop! The bank or lender cannot proceed with any foreclosure proceedings. In fact, the lender will be required by the bankruptcy trustee and judge to accept your late payments that are proposed in the Chapter 13 plan.

Call our office TODAY to set up a free consultation with an experienced bankruptcy lawyer. At Thompson | Wedeking, because we are San Diego bankruptcy lawyers, we will guide you through each step of the Chapter 7 or Chapter 13 or San Diego foreclosure process. You can stop any San Diego foreclosure before it starts. Call us at 619.615.0767 for more information.

San Diego Foreclosure – Stop Foreclosure In San Diego – Foreclosure Help

The San Diego notice of default must be in writing, prepared, and subscribed by the trustee, mortgagee, or beneficiary. When the beneficiary is a corporation, an election to commence a San Diego foreclosure can be made by the corporation’s administrative officer without a specific resolution by the board of directors, and it can be signed by any authorized officer of the corporation. Presumably, the notice of default can be executed and recorded by the attorney or other agent of the beneficiary upon the beneficiary’s express authorization, and the authorization can be given orally.

Within 10 “business days” after the San Diego notice of default is recorded, a copy of the notice which specifies the date the original was recorded must be mailed by registered or certified mail, postage prepaid, addressed to the trustor or mortgagor, and to all other persons who have requested notice and whose request for special notice was recorded prior to the recordation of the notice of default. The San Diego notice of default must be mailed to the address specified in the recorded deed of trust or other request for notice.

The San Diego notice of sale can be given at any time after the expiration of the three-month period following the recordation of the notice of default. There is no statutory requirement that it be given within a specified time thereafter and, in the absence of facts showing a waiver of the default or an estoppel, a substantial delay in giving the notice of sale does not invalidate the notice of default or stop a San Diego foreclosure.

A copy of the notice of sale must be published at least once a each week in a newspaper of general circulation for three consecutive calendar weeks, with the first date of publication being at least 20 days before the date of sale. A weekly publication for a 20-day period only necessitates three publications. In other words, the span of publication from the first to the last publication does not exceed 15 days.

The San Diego foreclosure must be held in the county in which the encumbered real estate property is located. If the property is located in two or more counties, the sale may take place in any county in which a portion of the property is located. The San Diego foreclosure must be held between the hours of nine in the morning and five in the afternoon on any business day, Monday through Friday.

In conducting the San Diego foreclosure, the trustee (or the person holding the sale) appears at the time and place specified in the notice of sale, announces the sale, identifies the property to be sold, and the terms of the sale. Usually this is accomplished by reading the notice of sale. The auctioneer then asks for bids. A bid by a prospective purchaser is an irrevocable offer to the auctioneer to purchase the property, and it cannot be withdrawn by the bidder. A subsequent bid cancels a prior bid. The auctioneer signifies acceptance of the offer by the fall of the hammer or by some other signal or word that evidences the intention to accept the particular bid.

If the highest bid received is totally inadequate in relation to the value of the property, the trustee can reject it and postpone the sale, unless the sale has been noticed as being “without reserve.” The trustee has the discretion to continue the San Diego foreclosure to protect the interests of either party and has a statutory duty to postpone the sale upon the request of the beneficiary. If the trustee postpones the San Diego foreclosure after the bidding has commenced, all bids are cancelled.

Call our office TODAY to set up a free consultation with an experienced bankruptcy lawyer. At Thompson | Wedeking, because we are San Diego bankruptcy lawyers, we will guide you through each step of the Chapter 7 or Chapter 13 San Diego foreclosure process. You can stop any San Diego foreclosure before it starts. Call us at 619.615.0767 for more information.

Stop Foreclosure In San Diego – San Diego Foreclosure Attorney

When the San Diego consumer defaults on any obligation of the deed of trust, the note, or any other contract or obligation secured by the deed of trust, the lender has the right to declare a default and to proceed with a San Diego foreclosure of the deed of trust pursuant to the private power of sale. Having made the decision to foreclose, the lender can demand that the trustee proceeds to sell your San Diego home.

As a general rule, the San Diego foreclosure process begins with a demand on the trustee by the lender that the trustee commences the foreclosure in San Diego. The trustee usually requires that the the borrower deliver to the trustee the original note, the deed of trust, any assignment of the note, a “statement of condition” that describes the terms of the note or secured contract, the unpaid principal balance, the defaults by the trustor, and a written request that the trustee commence a San Diego foreclosure. However, the foreclosure sale in San Diego is not invalid if the trustee has not received the original note, deed of trust, or a statement of condition.

The purpose of the notice of default is to provide notice to the trustor, the trustor’s successors, junior lienors, other interested persons, and notice to the world that there has been a default and its nature. Its objective is also to inform the trustor of the default and the nature of the default so that the trustor has an opportunity to reinstate the secured obligation. In addition, it establishes the minimum period within which the default can be cured before the property can be sold by the trustee. Because of the importance of the notice to the protection of the rights and property of the trustor, a valid San Diego foreclosure by the private power of sale requires strict compliance with the requirements of the statute. A trustee’s sale which is based upon a defective notice of default is invalid.

At least three calendar months must elapse after the notice of default is recorded before the trustee can proceed with the foreclosure sale. The statutory period of “three months” means three calendar months. After that time the trustee must give a notice of sale in the required manner before the property can be sold.

The San Diego notice of sale must contain the following information:

• The time and place of the foreclosure sale.
• The street address and the specific place at that address where the sale will be held.
• A description of the security instrument and an identification of the parties to the instrument.
• A description of the property.
• In addition to any other description of the property, the San Diego notice of sale must describe the property by a street address, if any, or other common designation, if any, and a county assessor’s parcel number. If the property has no street address or other common designation, the notice must contain a legal description of the property, the name and address of the beneficiary, and a statement that directions to the property may be obtained by a written request to the beneficiary within 10 days after the first publication of the notice. If the notice contains a legal description or county assessor’s parcel number and either a street address or other common designation, the validity of the notice and the sale is not affected by the fact that the street address, or other common designation, the name and address of the beneficiary, or the directions obtained from the beneficiary are erroneous or are omitted. A minor error in the description does not void the San Diego foreclosure sale.
• The terms of sale and the type of currency or money that will be accepted at the San Diego foreclosure sale.
• The name, street address, and telephone number of the trustee or other person conducting the sale. If the trustee is substituted after the notice of sale is published, posted, and recorded, the sale is void unless a new notice of sale is given in the same manner which describes the name, address and telephone number of the substituted trustee.
• The total amount of the unpaid balance of the obligation secured by the real property to be sold. A trustee does not incur liability for any good-faith error in stating the proper amount due in a notice of sale, including any amount provided in good faith by or on behalf of the beneficiary, and an inaccurate statement does not invalidate the sale to a bona fide purchaser.
•  A reasonable estimate of the costs, expenses, and advances incurred at the time of the initial publication of the San Diego notice of sale, provided however, that the trustee does not incur liability for any good-faith error in stating the amount of such charges, and an inaccurate statement does not stop the San Diego foreclosure sale to a bona fide purchaser.
• When the San Diego foreclosure sale is being conducted after a prior sale was rescinded because of the buyer’s failure to pay the purchase price, the notice must reference this fact.

Call our office TODAY to set up a free consultation with an experienced San Diego bankruptcy lawyer. At Thompson | Wedeking, because we are San Diego bankruptcy lawyers, we will guide you through each step of the Chapter 7 or Chapter 13 San Diego foreclosure process. You can stop any San Diego foreclosure before it starts. Call us at 619.615.0767 for more information.

Stop Foreclosure in San Diego – San Diego Foreclosure Lawyer – Foreclosure Help

If you are being threatened with a foreclosure in San Diego, you have come to the right place. Our experienced team of San Diego foreclosure and bankruptcy lawyers can guide you through the process, whether it be a Chapter 13 debt relief plan, short sale or loan modification. We pledge to provide you with comprehensive and professional foreclosure help in San Diego.

We do not buy homes, we save homes. Often times in life we get behind on our mortgage payments for any number of reasons. Maybe you lost your job, got in an accident or filed for divorce. Your mortgage company does not care for your reasons and will start the foreclosure process immediately.

You have worked entirely too hard to get where you are now to have a San Diego foreclosure take that away from you.

We want you to contact our office TODAY for your free foreclosure consultation. We can save your home and stop the San Diego County foreclosure process. We will provide you with all the information you need to evaluate your options that can stop foreclosures in San Diego County. You will only speak with an experienced San Diego foreclosure attorney. We understand how to legally and effectively prevent foreclosure in San Diego and we offer the most professional service in San Diego. Please fill out our fast and confidential contact form and one of our San Diego foreclosure attorneys will be with you right away. Stop foreclosure in San Diego NOW and take the next step toward your financial freedom.

The pages below are provided to give you foreclosure help in San Diego. We encourage you to contact our experienced San Diego foreclosure lawyers if you have questions.

Call our office TODAY to set up a free consultation with an experienced bankruptcy lawyer. At Thompson | Wedeking, we are San Diego bankruptcy lawyers who will guide you through each step of the Chapter 7 or Chapter 13 San Diego County foreclosure process. You can stop any San Diego foreclosure before it starts. Call us at 619.615.0767 for more information.

• San Diego Foreclosure Process
• San Diego Foreclosure Timeline
• How To Stop A San Diego Foreclosure
• San Diego Short Sales And Walk-Aways
• San Diego Loan Modifications

Involuntary cases are available only under Chapter 7 and Chapter 11 of the Bankruptcy Code.  Such cases may be brought against a person who may be a debtor under Chapter 7 and Chapter 11 by filing a petition, with the exception that involuntary cases may not be commenced against a farmer, family farmer, or a corporation that is not a moneyed business or a commercial corporation. Thus, if an entity is eligible to become a debtor under Chapter 7 or 11, the Bankruptcy Code authorizes the filing of an involuntary petition. Chapter 9 cases cannot, however, be involuntarily initiated by creditors. A “person” is defined in the Bankruptcy Code to include an individual, a partnership, and a corporation, but the definition does not include governmental units, such as the United States, instrumentalities of the United States, states, commonwealths or districts, territories, municipalities, or foreign states.

The burden of proving that the debtor is subject to an involuntary case rests on the entities filing the petition. To support the commencement of an involuntary case, the petitioning entities must establish that they are in fact owed debts by the person against whom the involuntary petition is filed; thus, a petition generally may not be brought against a corporate officer personally by petitioners who hold claims only against the corporation, where the corporate officer is not liable as an individual for those debts.

A joint venture which met the criteria for a partnership under the Bankruptcy Code qualified as a “person” against whom an involuntary case could be commenced.

An involuntary case may be commenced by a petition filed in the Bankruptcy Court by a number of entities that each hold claims against the debtor which are not contingent to liability nor the subject of a bona fide dispute. An “entity” is defined to include a person, estate, trust, governmental unit, and in those jurisdictions where the United States trustee system is in effect, a United States trustee.  An indenture trustee representing the holder of a claim also qualifies to be among the entities who may file an involuntary petition, if the holder of the claim qualifies. Among the entities which have been permitted to file or who are recognized as being able to file an involuntary petition, providing all other criteria are met, are assignees, corporate officers, corporate shareholders and directors, employees, holders of promissory notes, and nonbankruptcy trustees. Minor children having a right to payment for their support from the debtor as ordered by a state dissolution court hold a claim against the debtor, thus permitting them to be petitioning creditors. An undersecured recourse creditor may file an involuntary petition. However, employees claims, insider claims, and the claims of any transferee of any voidable transfers have been excluded from the creditor count.

Providing the party is qualified to be a debtor, a voluntary bankruptcy case is commenced when the debtor files a petition with the bankruptcy court under the chosen chapter of Title 11 of the Bankruptcy Code. A debtor’s bankruptcy petition is a plea for equitable protections with a discharge from debts being the principal relief sought. The “case” triggered by a bankruptcy petition is umbrella litigation often covering numerous actions that are related only by the debtor’s status as a litigant. The filing of a petition invokes an automatic stay of certain acts and proceedings against the debtor, the debtor’s property, and the property of the estate.

The petition must be filed with the clerk of the court, who is the bankruptcy court clerk if one has been appointed for the appropriate district, and if no such clerk has been appointed, then the petition should be filed with the clerk of the district court. Under appropriate circumstances, certain lists, schedules, statements, certificates, tax returns, and documents may be required to accompany the filing of the voluntary petition or to be filed shortly thereafter.

There is no express time limit under the Bankruptcy Code within which a debtor must seek out the benefits and the burdens of a voluntary bankruptcy petition. It is recognized that debtors cannot in advance voluntarily waive the right to file a voluntary bankruptcy petition. Thus, a contract clause that restricts the debtor’s ability to file a voluntary bankruptcy petition has been considered void on the ground of public policy.

If you have questions about your financial situation, do not hesitate to contact our office.