what kind of lawyer to stop a trustee sale

Full Answer

What is a trustee’s sale?

The public auction is referred to as a “Trustee’s Sale” and is typically the final step in the non-judicial foreclosure process. (For states that foreclosure judicially, meaning – through the court system, you will likely not receive a Notice of Trustee Sale).

How long does a trustee have to sell a house in Washington?

For example, in Washington – the Trustee must give a homeowner 120-days after the recording of the Notice of Trustee Sale before they can auction the home. So, homeowners who receive a Notice of Trustee Sale in Washington have four months between the notice and the auction.

What are your options if the trustee is trying to sell your home?

3. What Are Your Options if the Trustee is Trying to Sell Your Home? 4. 1) Convert to Chapter 13 Bankruptcy to Save Your Home 5. 2) Pay Off the Trustee 5.1. Determining the Amount Owed to the Bankruptcy Trustee

Can a lawyer convince a trustee to close a case?

However, a skilled attorney may be able to convince the trustee that the best course of action for all parties is to allow the interested party to pay a fixed sum that will satisfy the administrative professionals such that the case can be closed without assets being sold. See, e.g., In re Colburn, 231 B.R. 778, 786 (Bankr.

How do I close a trustee sale in California?

You can stop the foreclosure process any time by bringing your payments current all the way up until 5 days before the sale. After that, it's up to the lender to decide if they want to accept payment or continue with foreclosure. You can however, payoff the entire amount all the way up until the point of the sale.

What action can temporarily stop a foreclosure?

You can postpone the auction with the help of an attorney, cancel the sale by initiating a deed in lieu of foreclosure or arranging a short sale, or sell the home to the bank.

How do I close a trustee sale in Arizona?

If you believe there is a defense to the trustee sale or if you have an objection to the trustee sale, you must file an action and obtain a court order pursuant to rule 65, Arizona rules of civil procedure, stopping the sale no later than 5:00 p.m. mountain standard time of the last business day before the scheduled ...

Can a trustee foreclose?

Again, in states where lenders use deeds of trust or a similar instrument containing a power of sale clause, a lender may foreclose out of court in a process called a nonjudicial foreclosure. A trustee typically manages the nonjudicial foreclosure process.

Which process temporarily stalls foreclosure?

You can stop a foreclosure in its tracks, at least temporarily, by filing for bankruptcy. Chapter 7 bankruptcy. Filing for Chapter 7 bankruptcy will stall a foreclosure, but only temporarily.

Which one is the best way to prevent foreclosure?

OPTIONS: Keeping your home is a priority and educating yourself to prevent foreclosure is critical to keeping your home. Some prevention foreclosure options include the Home Affordability Refinance Program, forbearance, a short sale, deed-in-lieu, and the Making Home Affordable Modification.

What is a notice of trustee sale Arizona?

In Arizona, a lender uses a trustee's sale to secure payment when they have an interest in a home or other property secured by a deed of trust. The lender has the ability to initiate the foreclosure process if a borrower falls behind on their payments under a deed of trust.

How can I stop foreclosure in Arizona?

How Can I Stop a Foreclosure in Arizona? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before or after the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)

How long does the foreclosure process take in Arizona?

between 90 and 120 daysHow Long Does the Typical Foreclosure Process Take in Arizona? Arizona lenders typically need between 90 and 120 days to foreclose on a property in a non judicial foreclosure process that is uncontested by the borrower.

When a deed of trust is foreclosed by court sale the action?

When a deed of trust is foreclosed by court sale, the action: Would allow the trustor a redemption period; A trustee has legally begun the process to sell property secured by a trust deed.

How soon after the notice of default is filed can a trustee's sale occur?

20 daysIt has to wait at least 20 days after the Notice of Trustee Sale is sent to you. The sale may be postponed by a court or by the bank for up to a year, after which point they'll need to send you a new Notice of Trustee Sale in order to send the house to auction.

What is trustee's sale?

The trustee's sale is a public auction and the property is sold to the winning bidder. At auction, an opening bid on the property is set by the foreclosing lender.

What is a Notice of Trustee Sale?

A Notice of Trustee Sale is a recorded document that gives notice of the date, time, and location of an upcoming public auction of real property facing foreclosure.

Avoid the Trustee Sale by completing an equity sale of your property before the foreclosure sale date

If you want to sell your home and recover your equity, you may want to consider selling the property on the real estate market before your foreclosure auction date.

Use bankruptcy to stop the Trustee Sale

If you’ve run out of time to work with your lender or servicer, you’ve been denied loss mitigation options, are very close to your auction date, or need to stop the foreclosure sale quickly, you may need to consider bankruptcy to stop the auction.

What happens after the Trustee Sale?

If you do nothing to resolve the matter, on the date listed within the Notice of Trustee Sale, your home will be sold at a public auction to a third party buyer. If no one buys the home, the property will become bank-owned property.

How to stop foreclosure in California?

In California, you can stop foreclosure by hiring an experienced lawyer for foreclosure to file a lawsuit against your lender or you can file bankruptcy. If you are looking for a solution to save your home from foreclosure, call (818) 254-8413 to talk to our experienced lawyer for foreclosure.

What is the number to call for foreclosure?

Give us a call today at (818) 254-8413. The consultation is FREE!

How long can you pay your mortgage in bankruptcy?

A chapter 13 bankruptcy allows you keep your home and resume paying your mortgage even when behind. The payment plan is spread out over a 3-to-5 year period depending on your situation. With chapter 13, you are given more time to pay out your mortgage that accommodates to your ability to pay. If this sounds like the solution to your problem, contact our foreclosure defense lawyer.

What is consumer action law?

Consumer Action Law Group is a law firm with foreclosure lawyers in California who dedicate their time and effort to take best actions with each individual’s cases. Our foreclosure lawyer in Los Angeles will always be open to answering any questions you might have regarding your situation. We prioritize communication to ensure that our clients receive good information and are constantly informed. This is how we differentiate ourselves from other practices.

Can a lender violate foreclosure laws?

In a mortgage fraud situation, your lender may have violated foreclosure laws once or several times during the loan modification process when dealing with your mortgage. Here are some of the most common violations lenders make: