San Francisco Bankruptcy Attorney Blog

House in Foreclosure - Five Basic Steps

Fri, 12 Aug 2011 12:42:00 -0800

It would have been wise to make some serious decisions to stop or delay a home prior to foreclosure proceedings, however, all is not lost. Here are five common sense steps to perhaps saving your house in foreclosure.

Step #1. Contact the lender to have the mortgage loan modified. Perhaps reducing the interest rate, extending the term of the loan or making interest only payments for an extended time will benefit you. Most lenders will consider this if you have shown in the past you are a good risk and not a deadbeat.

Step #2. Work a short sale by unloading the home yourself or via a realtor. Whatever funds you receive may satisfy the lender but be careful you're not sued for any deficiency after the fact.

Step #3. Creditor repayment plan. If your current hard-times are coming to an end, work a deal to pay back current arrears by showing job tenure and financial income.

Step #4. Chapter 7 or 13 bankruptcy. In most states a bankruptcy filing will protect a house in foreclosure and stop the proceedings without the lenders permission.

Step #5. Using the remaining home equity, if any, borrow enough money to bring payments current.

If you have a question regarding Foreclosure in California please contact us at 1800.941.6730 and we can connect you with one of our experienced California Bankruptcy Attorneys . Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping , a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

The Best Foreclosure Attorneys Get Rid of Debt

Fri, 05 Aug 2011 12:40:53 -0800

The Best Foreclosure Attorneys Get Rid of Debt
When facing a foreclosure, it is always advisable to consult with a foreclosure attorney. However, it is also advisable that you select an attorney that is willing to not only fight the foreclosure, but fight your other debt also.

People incur debt as a part of life. When you are employed and able to make the payments, this is fine. However, an adjustment in income due to a pay cut or an unforeseen event can cause a financial crisis. Home owners quickly find they cannot afford their mortgages and other debts. There is a solution to this problem.

Filing bankruptcy is a way to manage your debt and save your home from foreclosure. The foreclosure attorney that you hire must be willing to look at your entire financial situation and consider the option of bankruptcy.

When you file Chapter 13 bankruptcy you are allowing the court to restructure all of your debts. Many of these debts will be reduced or absolved during the proceeding. Your mortgage and other debts will be condensed and combined into a simple monthly payment that will allow you to regain financial stability and retain ownership of your home.

When a person files for bankruptcy they will be able to stay in their home during the proceeding, avoiding foreclosure and eviction. This is a simpler way of dealing with the entire financial crisis you are facing.

Who Files for Bankruptcy?

Wed, 20 Jul 2011 12:39:16 -0800

All kinds of people from all walks of life, file for bankruptcy. Over 1.5 million people from last year, filed for non-business bankruptcy. It is a very tough, agonizing decision an individual makes when deciding whether to file or not. Usually when one decides to file, they are overwhelmed with debt. Their financial resources cannot meet the demand their debt places on them.

When declaring an individual is able to wipe away some debts or pay a much lower portion over a period of time. Because it can have a long and lasting effect on individuals who declared and should be used as a last resort. There are many reasons why people may file for bankruptcy. It may be because of a medical catastrophe, lost of job, divorce or bad investment. Most are honest individuals who got caught up in a bad situation and are longing for a chance to start over.

If you have a question regarding Bankruptcy in California please contact us at 1800.941.6730 and we can connect you with one of our experienced California Bankruptcy Attorneys . Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping , a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

What You Need to Know About Bankruptcy

Thu, 14 Jul 2011 12:37:56 -0800

What You Need to Know About Bankruptcy
If used properly bankruptcy can be of great assistance to an individual that finds themselves in a negative financial situation. This type of protection is defined as an inability of individuals to pay his or her creditors, or the hindrance of the ability of an individual to pay his or her creditors. Individuals, who seek this type of remedy, may not be able to fully pay the creditors for a number of reasons, which does not mean that they didn't have the full intention of paying the creditors, before unforeseen events prevented them from being able to do so.

Involuntary bankruptcy, is an action where creditors initiate this action, and can only be used against business entities or corporations. It is important that individuals only seek bankruptcy remedies when all other methods of repaying creditors have been exhausted, due to the fact that this type of action does not give a favorable light to your credit rating. An important asset of this type of protection, so the fact that your tangible and liquid assets will be protected from creditors, which will provide you with the time necessary to rebuild your financial base, and to hopefully be able to repay debts.

What You Need to Know About Bankruptcy

Sat, 23 Apr 2011 08:30:24 -0800

If used properly bankruptcy can be of great assistance to an individual that finds themselves in a negative financial situation. This type of protection is defined as an inability of individuals to pay his or her creditors, or the hindrance of the ability of an individual to pay his or her creditors. Individuals who seek this type of remedy, may not be able to fully pay the creditors for a number of reasons, which does not mean that they didn't have the full intention of paying the creditors, before unforeseen events prevented them from being able to do so.

Involuntary bankruptcy, is an action where creditors initiate this action, and can only be used against business entities or corporations. It is important that individuals only seek bankruptcy remedies when all other methods of repaying creditors have been exhausted, due to the fact that this type of action does not give a favorable light to your credit rating. An important asset of this type of protection, sf the fact that your tangible and liquid assets will be protected from creditors, which will provide you with the time necessary to rebuild your financial base, and to hopefully be able to repay debts.

If you have a question regarding Bankruptcy in San Francisco please contact us at 1800.941.6730 and we can connect you with one of our experienced California Bankruptcy Attorneys . Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping , a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Five Tips for Choosing a Foreclsoure Attorney

Fri, 22 Apr 2011 08:30:54 -0800

When you need an attorney, it's important to choose the right one. Not all attorneys are created equally, and a good foreclosure attorney can save you a lot of trouble. Here are tips for choosing the right one.

1. Experience matters
Look to someone with experience to handle a complicated situation. Foreclosures are complicated, so it pays to go with a practitioner that has gone through the wars before.

2. Choose a specialized practitioner
Many people think that just because they know a lawyer, that person will make a good foreclosure attorney. You should choose someone who works with these specific cases, as this will give you the best chance in litigation.

3. Knowledge of the market
You should go with an attorney that is familiar with the challenges presented by your area. Often times this can be the difference between a winning case and a losing case.

4. A record of success
Attorneys can win and lose in court. You should look into the record of your prospective attorney. If he has gone to court over these issues, has he been a winner?

5. Someone who will listen to your concerns
You should get an attorney that will listen to you. These things are too important to leave to chance. Choose someone who will listen to your situation and work hard for you.

5 Basic Steps in Stopping Foreclosure

Wed, 20 Apr 2011 08:30:16 -0800

Here are the 5 basic steps in stopping a foreclosure:

1) Clear the problem. If you are having financial difficulties, try to figure out what you can do to alleviate the issue. Whether it is doing without a certain thing or cutting back, it is often the perfect solution to avoid getting yourself deeper in debt.
2) Finding out a short term solution to help you in the long run. Trying a reverse mortgage gives you the opportunity to pay a part of the loan even if you can't pay the full amount. Doing this will give you extra financial leeway in order to meet the solution head-on.
3) No need for income requirement or credit. If you are over the age of 60, this is a perfect plan for you if you are deciding to do a reverse mortgage. The only requirement is that you own the house or flat in question.
4) Take the reverse mortgage. If you're in danger of being in foreclosure and you are over the age of 60, then this is perfect for you. Even if you are not over the age of 60, there is a chance you can get up to 60% back on what you put into the mortgage by using a reverse mortgage.
5) Keep in touch with your mortgage agency. They are there to help you rectify the problem in any way they can.

Five Reasons You Should File Bankruptcy

Mon, 18 Apr 2011 08:30:41 -0800

Filing for bankruptcy is never an easy decision but sometimes it must be done. There are a number of factors that go into the decision for filing and only you can determine if your situation falls into one of the categories. Below are five reasons why some people choose to file for bankruptcy.

Loss of Employment
A recent study found that this is one of the most common reasons, especially for one-income households. When the income is gone, bills cannot be paid.

High Medical Bills
When someone is seriously sick or injured, most of the income goes to providing adequate care. This means other bills are put off. Filing can eliminate a lot of medical bills.

Home Foreclosure
Filing for bankruptcy can prevent you from losing your home. It will not remove your obligation to pay the mortgage but will restructure payments to make them more manageable.

Repossession
If your car is in danger of being repossessed, filing for bankruptcy can stop the process. Even if your car has been taken, bankruptcy may get your car back.

Harassing Creditors
If you are under a mountain of debt and get calls all the time, filing can stop the harassment and phone calls.

What do I Need to Prevent Filing For Bankruptcy

Sat, 16 Apr 2011 08:30:51 -0800

Most often people end up filing for bankruptcy because they can no longer pay their bills. The largest and most important of these bills is their home mortgage. While many will tell you the only way out of foreclosure and endless bills is bankruptcy, there are other options.

A foreclosure attorney can help extend the amount of time you have to catch up on bills. Sometimes they can even eliminate the foreclosure altogether. Sometimes lenders make mistakes during the foreclosure process, and sometimes borrowers rights get violated. Only a good lawyer will know and recognize when these things are happening; there are many new laws in place that are designed to help borrowers protect their rights.

The best option is to avoid filing for bankruptcy. If it is possible to save your home without this dire step, then definitely look into a good foreclosure attorney. Saving your credit can help out immensely in the future.

Filing for Personal Bankruptcy - Two Myths

Fri, 15 Apr 2011 08:30:28 -0800

The poor economy in recent years has led many people to have to consider filing for personal bankruptcy. While it is quite common, many people still view it as a horrible financial decision. This is partially to blame because of two myths of filing for bankruptcy.

The first myth of filing for bankruptcy is that your credit will be ruined an you will never qualify for a low interest loan again. When you file for bankruptcy, your credit score will be hurt for up to 10 years, but in the long run most people actually will see their credit scores increase because of filing for personal bankruptcy. Those people who choose to not file for bankruptcy will likely spend years getting out of debt and it may take more than 10 years for them to see their credit fully repaired.

The second myth of filing for bankruptcy is that you will lose all of your assets. When you file for bankruptcy, creditors will attempt to liquidate many of your assets to repay your debt. However, when you file many of your assets will be completely protected including your primary residence and any savings that you have in retirement accounts.

Bank Foreclosure and Bankruptcy

Wed, 13 Apr 2011 08:30:47 -0800

Anyone that is facing a bank foreclosure should keep in mind that it is always in the best interest of the bank to allow the home to enter foreclosure. Mortgage servicing companies are very reluctant to grant loan modifications because it reduces their income. Banks are reluctant to approve short sales because they do not want this tool to become a trend and decrease their assets. Home owners are stuck in the middle, trying to keep their homes while falling through the cracks in the system.

However, there is a solution that will prevent a bank foreclosure from taking place on your home: bankruptcy.

When you file Chapter 13 bankruptcy, the applicant is given protection by the courts from a bank foreclosure and forced eviction. While the court is restructuring and reorganizing all of your debts, you will have the stability of being able to remain in your home.

During the Chapter 13 process, a Clerk of the Court will review your finances, and adjust your debts accordingly. You will be required to enter into a court-approved repayment plan, and make monthly payments to the court for a specific number of years. During this time your home will be protected from foreclosure and you will not have to deal with any of your creditors.

Stop Foreclosure with Bankruptcy

Mon, 11 Apr 2011 08:30:10 -0800

Foreclosure is very common these days. With the U.S. economy struggling, and unemployment around 10%, more and more people find themselves in a situation where they cannot pay their bills. There are other ways to keep from losing your house, but bankruptcy is one of the most effective.

There are two ways to file for bankruptcy as an individual, but only Chapter 13 is truly effective when trying to stop a bank from trying to foreclose on your home. Chapter 13 allows you time, sometimes up to 5 years, to pay off outstanding debts. This can often let you keep your home and eliminate loans and lines of credit against the property. A bankruptcy attorney should be consulted to figure out the best option for you.

Making the decision to file Chapter 13 is not to be taken lightly. It can affect your future; your credit takes a hit, which makes it harder to get a loan. Sometimes it is worth it to avoid foreclosure.

Who Files Bankruptcy?

Sat, 09 Apr 2011 08:30:13 -0800

Key Information on Bankruptcy

Fri, 08 Apr 2011 08:30:10 -0800

Bankruptcy is an option that should only be used when all other avenues have been explored. If there is no way to get out of debt then it can possibly help. If you can no longer pay minimum payments and have defaulted on some bills, exploring bankruptcy might not be a bad idea. There are two main types for individuals that can be utilized.

Chapter 7 filing is used by persons who cannot pay off their debts. Unsecured debt is completely done away with. With your secured debts, such as credit cards, assets are sold or a payment plan is come up with. If this fails, these debts are eliminated as well.

A Chapter 13 filing is a little bit different. The court looks at what you earn and the bills you pay each month. Whatever is left over is used to pay off debt based on a period of time, usually three to five years. If you cannot pay all the debt in this time period, this debt is eliminated.

Bankruptcy will affect your credit, but it can also give you a fresh start. If you believe these options can help you out, contact an attorney today.

Get Rid of Payday Loans with Bankruptcy

Wed, 06 Apr 2011 08:30:52 -0800

Payday loans have been used by many individuals in order to make it from paycheck to paycheck, which is often necessary in tough economic times. Individuals that accumulate large amount of loans may find themselves having difficulties in repaying these loans. Bankruptcy is an avenue that many individuals use in order to protect themselves from losses that may arise from payments that are required by payday loan businesses. This avenue allows an individual to legally declare an inability to pay one's creditors, or a hindrance of the ability to pay one's creditors. This avenue is very important because it will give individuals facing financial hardships the ability to protect their assets as well as to provide them with crucial time to rebuild their finances.

Bankruptcy will help to protect individuals from creditors who are trying to collect payday loans, which usually must be paid once an individual receives their paycheck. This form of protection will give individuals protection from payments, which can be devastating due to the high interest rates, and when coupled with other bills that are due upon an individual receiving their paycheck. It is important that individuals learn the ramifications of payday loans and bankruptcy protection.