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How 13 Works To Save Your House From Foreclosure

By Cathy Moran

save house

Saving a house from foreclosure is the single reason most people file bankruptcy. Bankruptcy stops foreclosure- that’s a given. But then what? How can bankruptcy save the house from foreclosure,  rather than just putting off the inevitable loss? After all, the mortgage lender has a lien on the house, and liens aren’t discharged in bankruptcy. […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2017, chapter 13, foreclosure, keep house, save house

Can You Be Sued After The Foreclosure

By Cathy Moran

after foreclosure

Foreclosure is traumatic enought without worrying whether lenders can sue you after foreclosure. Breathe deeply. California has laws that limit what a mortgage lender can do to collect its money after the foreclosure. One addresses the rights of the creditor who conducted the foreclosure sale. The other borrower protection looks at what the loan was […]

Filed Under: Strictly California Tagged With: 2023, after foreclosure, borrower protections, foreclosure

Save The House Even AFTER The Foreclosure Sale

By Cathy Moran

after foreclosure

The fall of the hammer at the foreclosure sale threatened to leave my widowed client homeless and poorer by hundreds of thousands of dollars. Instead, we recovered her house from the foreclosure sale under new California law which delays the finality of the change of title. She had rights after foreclosure. The prompt filing of […]

Filed Under: Featured Tagged With: 2023, California, chapter 13, foreclosure

Long Silent Second Mortgages: The Worrisome Truth

By Bill Purdy

silent mortgages

Like a sleeping bear, long-silent second mortgages hibernate in people’s houses these days.  They are quiet, a snoozing predator, just waiting for spring. And it can be bloody when those sleeping mortgages awaken hungry and look around for something to fill its pocket. Here in California the coming slaughter is particularly noticeable because the value […]

Filed Under: Real property & mortgages Tagged With: 2016, foreclosure, junior lien, second mortgage

Epedemic of DIY Chapter 13s to Stop Foreclosures End in Trajedy

By Cathy Moran

Warning: virulent outbreak of do-it-yourself bankruptcies all around. Symptoms:  panic over prospect of foreclosure Supposed remedy:  file your own skeleton Chapter 13 bankruptcy to stop foreclosure Prognosis: enjoy the stay for about 2 weeks, followed by foreclosure relapse Homeowners facing foreclosure Three different would-be clients called in a 10 day period this month, to stop […]

Filed Under: Real property & mortgages Tagged With: 2019, automatic stay, foreclosure

Don’t Trust Anything Your Lender Says On The Phone

By Cathy Moran

mortgage servicer

Don’t trust the loan servicer for a moment, was my advice to the client who was trying to track payments he’d made on his home mortgage . The mortgage industry has created an inhabited accounting swamp around your home;  the lender’s representative lives in that swamp. Don’t turn your back on a carnivorous predator. I’m […]

Filed Under: Real property & mortgages Tagged With: 2019, foreclosure

How Long Til Foreclosure?

By Cathy Moran

time til foreclosure

Everyone who has made the painful decision to let an unaffordable house go to foreclosure wants to know: how long before they have to get out. While the statutory foreclosure process in California , on paper, takes a little more than 4 months, if the the creditor is perfectly efficient, creditors aren’t perfectly efficient. In […]

Filed Under: Real property & mortgages, Strictly California Tagged With: California, default, foreclosure, sale

Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Bankruptcy Alphabet: F is for First

In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the that meeting; it produces unwarranted anxiety that is avoidable if you understand what's up. Let's check it out. The first meeting of creditors, also called the 341 meeting, is often the only time a debtor has to appear … Read more

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