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San Jose Foreclosure Attorneys

With the downturn in the economy, millions of people have lost their homes to foreclosure in recent years. Tragically, many of these people could have kept their homes if they had known what to do, who to call and when to take action.

If you are at risk of losing your home to foreclosure, the time to act is now. The law firm to contact if you are in Northern California is Evans Law Offices. Thousands of people facing significant debt problems have relied on our firm for skilled and knowledgeable representation. Our attorneys know how to put the law to work for you and can advise you on the different ways that bankruptcy may help you save your home. Contact us today to schedule a free consultation with an experienced bankruptcy lawyer at our firm.

Using Chapter 13 Bankruptcy To Avoid Home Foreclosure

There are several options when filing a Chapter 13 bankruptcy to stop a foreclosure. A Chapter 13 bankruptcy can be set up to reinstate your defaulted mortgage loan, to propose a mortgage modification plan or a sale plan.

Reinstating Your Mortgage Loan

Even if you are several months behind on your mortgage payment and your lender has started the foreclosure process, we may be able to help you keep your home. With a Chapter 13 bankruptcy, we can create a debt repayment plan that enables you to repay late mortgage payments gradually over time. The duration of the plan is typically three to five years.

When your bankruptcy case is filed with the court, an automatic stay order will go into effect that temporarily halts most creditors — including mortgage lenders — from taking any further collection activity against you. The automatic stay provides critical time for your bankruptcy case to proceed and for us to seek debt relief on your behalf.

Bankruptcy And More

At Evans Law Offices, we offer a wide range of services to help our clients find solutions to difficult debt challenges. We have extensive experience using Chapter 13 bankruptcy to help our clients avoid home foreclosure. People who are pursuing a mortgage modification may choose to use the bankruptcy to prevent foreclosure while their mortgage modification is pending. Chapter 13 allows people to propose "modification plans." Modification plans propose to the court that mortgage arrears accrued to the filing date of the case shall be amortized into a modified mortgage that is pending. At times, the client proposes a HAMP payment rather than the contractual payment.

With our years of experience, we have pushed the boundaries of how the bankruptcy can assist the homeowner on the modification path. A typical scenario is outlined below:

"A plumber has been working to modify his mortgage and has been denied three times; his house is going to foreclose in 30 days. He wants to save his home, and if the modification does not complete, he will work to save his home anyway. He files for bankruptcy protection and reapplies for the mortgage modification through the bankruptcy dept. at the bank; after three months, he is approved for the HAMP trial period." For this individual, the mortgage modification process was boosted by the individual's bankruptcy case, as the parameters for qualification and approval are different when analyzed through the bankruptcy modification department of the bank, and due to the fact, that he gained additional time for the bank to consider the modification application.

Sale Plan

Some homeowners who file bankruptcy to stop a foreclosure are able to propose a sale plan. That means that you will be given time to sell the property during the pending bankruptcy case. Usually, this type of plan is used by homeowners who have equity remaining in their home, but can also be effective for short sales if this is cost-effective for the client.

Additional Benefits Of Chapter 13 Bankruptcy

In addition to protecting your home from foreclosure, you may also be able to discharge a significant portion of any remaining unsecured debts at the successful completion of your Chapter 13 plan. Unsecured debts include credit card bills, medical bills and most other consumer debts. Depending on facts of your case, you may even be able to discharge the debt from your second home mortgage. View our second mortgage lien stripping page to learn more.

We are known for our ability to handle emergency cases that require immediate action. Our attorneys are skilled at structuring Chapter 13 plans in creative ways that are highly effective. You can rely on Evans Law Offices to act decisively and make every effort to help you keep your home.

Contact A Gilroy Stop Home Foreclosure Attorney

We serve clients throughout Northern California. To schedule a free consultation with a San Jose home foreclosure lawyer at our firm, call 408-298-8910 or contact us by email. Evening and weekend appointments are available upon request.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Evans Law in the Media

"We're having great results using the rule," said Brette Evans, a San Jose bankruptcy lawyer. In one recent case, a small-business owner was able to hang on to her home by setting aside a $240,000 second mortgage, she said.

mercurynews.com | View Article

Silicon Valley | Mercury News.com
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