Why You Should Not Use Bankruptcy to Stop Foreclosure in California
Have you heard the rumor that you can use bankruptcy to stop a foreclosure on your house in California? Well, to a certain point it’s true. But, in reality, it isn’t true at all. How was that for an answer? If you are considering this as an option, you need to read this before you commit.
Reaction to Bankruptcy
Okay, first let's look at what bankruptcy is and how it affects everything in your life. Findlaw.com defines it as, “the process whereby a person legally declares himself or his business unable to pay outstanding debts.'' When someone files for bankruptcy in California, they must stand before a judge and the judge will decide whether that individual needs to either pay back the loans fully, just extend the terms, alleviate some of the debt, or forgive the debt in full.
The first thing to notice is that there are three options that the judge has to decide between, two of which you have to pay back the debt. So, if you are thinking of filing for bankruptcy in California to avoid foreclosure, there is a good chance that you will end up having to pay back at least a portion of the loan to the lender.
You Have to Pay the Loan Back
There are two different types of bankruptcies in California. Let’s break down the two different types so you can get an idea of what would work for you.
When you file for Chapter 7 bankruptcy, the lender will have the option to object during a four-month grace period. If they file this motion, they can ask to dismiss the case for various reasons and then make you, the borrower, pay the missed payments all while continuing the foreclosure process.
When you file for Chapter 13 bankruptcy, you can only receive an alleviation from your debt after you have successfully completed a payment plan. These plans are usually three to five years long. And guess what? If you fall behind on your payments, you can still default on your loan and have your house foreclosed on.
There Are Other Options
Why would you consider filing for bankruptcy without checking out other options? Selling your home in California is obviously a better option. This is certainly the best and most satisfying thing to do when you are facing foreclosure. But, depending on the market, your home could take a long time to sell.
This is where we step in. We can buy your California home in whatever condition it is in. We love buying ugly, old houses. We love buying new, clean houses. We will make you a cash offer for any house in any condition.
We buy houses in California. You can have cash in your wallet within seven days. This is the quickest sale you could ask for. There is nothing like getting that looming debt off of your plate. Let us help you so you can move forward with your life. Call us today at 619-569-1806 or fill out the form below to get your cash offer.