Posted On: July 8, 2010 by Scott Sagaria

What do I do if I receive a notice of default?

A San Francisco bankruptcy lawyer helps answer: What do I do if I receive a notice of default?

What is a notice of default?
A notice of default is a letter from the bank or other mortgage lender informing you that the monthly mortgage payments on your home have not been made and that the loan is now in default.

What does the notice of default mean?
The notice of default means that you have missed one or more prescheduled payments. Typically the notice states when the payments were due and what is needed in order to cure the default. Some lenders will require that the entire balance be paid while others will just require the amount in arrears. Often administrative fees are also included

Does a notice of default mean my home will be foreclosed on? That depends. The notice does not necessarily mean that a foreclosure is imminent. The borrower can cure the default by paying the amount requested by the lender. If the borrower is unable to pay the cure amount, filing bankruptcy will automatically stay any further action the lender can take against the borrower. Filing bankruptcy will then allow the borrower to catch up on past payments.

How can bankruptcy help someone who receives a notice of default?
As mentioned above, filing bankruptcy will automatically stop any proceeding or other action the lender is taking or plans to take against the borrower. This allows the borrower a chance to develop a repayment plan to catch up on the missed payments. While the borrower will still be responsible for the regular monthly mortgage amount, the past due amount is not due all at once and repayments can be stretched over a period of three to five years.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

Bookmark and Share

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)

 
 
100% Money-Back Guarantee from Sagaria Law

If the courts do not accept your bankruptcy filing because of an error on our part, we will refund 100% of your money, including the filing fee!

At Sagaria Law, PC we want to guide you on the path to financial freedom and realize this is not an easy task for most. We respect your devotion to better your circumstances even with financial hardship and thus are willing to guarantee that if you retain us, we will do everything we can, legally and ethically, to help you become debt-free.

The Fine Print

The Sagaria law guarantee covers everything that a bankruptcy law firm produces in order to successfully complete a bankruptcy filing. We guarantee that it will be done in a manner that is accepted for filing with the bankruptcy clerk's office.

There may be reasons beyond our control that may cause a case to be dismissed. Therefore, the 100% Money-Back Guarantee does not guarantee;

  1. That you will receive a discharge.
  2. That you will receive a discharge of all debts or of any particular debt.
  3. That your case won't be dismissed for reasons not related to the paperwork being accepted for filing.
  4. That you, our client, will successfully complete all of your obligations including accurate disclosure of debts, completing your forms on time and attending your 341 meeting as scheduled.
  5. That you will not lose assets in chapter 7, or that creditors won't successfully argue for the repossession of collateral in chapter 13.
  6. That you will not encounter challenges of any kind to your bankruptcy case.

Take advantage of this offer. Get started now by completing your FREE online bankruptcy evaluation, accessible from our home page.

Click Here To Close This Window