Foreclosure Defense

Chula Vista Foreclosure Defense Attorneys

Working to Save Your Home

Losing your home to foreclosure is unimaginable, but it is possible if you become unable to keep up with your payments. It can be easy to feel helpless if you receive a Notice of Default but still lack the funds to make your mortgage current. There are often legal options to avoid a foreclosure, even if you cannot immediately catch up on missed payments, but you must act quickly.

Our Chula Vista foreclosure defense lawyers at The Sexton Law Firm can work to save your home through filing for bankruptcy. We can leverage the bankruptcy’s automatic stay to halt foreclosure proceedings and give you time to reorganize your finances.

Our team is compassionate to the stress you and your family are experiencing and will do everything possible to achieve a positive outcome in your case.

If you have received a Notice of Default or otherwise anticipate foreclosure proceedings, do not wait to call (619) 202-8976 or contact us online.

How Soon Does the Foreclosure Process Start?

Here is how foreclosures typically begin in California:

  • Grace period: Homeowners in California enjoy a substantial grace period before formal foreclosure proceedings can begin.
  • First missed payment and penalties: The clock starts ticking from the date you miss your first payment. Your bank or lending institution will likely call or send a letter informing you of the missed payment and assess late fees and interest. If possible, try and catch up as soon as possible, as lending institutions cannot pursue foreclosure for only a handful of late payments.
  • Additional missed payments: If you fall further behind and continue to miss payments, you will likely receive further communication from the bank.
  • Notice of Default: After 120 days (or 4 months) have passed since the initial missed payment, your bank will likely file a Notice of Default with the relevant court. They must inform you of their filing within 10 days.

Receiving a Notice of Default should be a wakeup call that foreclosure is possible. The good news is that foreclosures are expensive and time-consuming for banks, meaning there may be room for negotiation and compromise. This might include refinancing or loan modifications.

A Notice of Default will also become moot if you manage to gather the funds to bring the mortgage current.

How Long Do I Have to Catch Up on Mortgage Payments Before Foreclosure?

Even if you cannot reach a compromise with your lending institution, you by default have an additional 90 days – or 3 months – to catch up on payments. If you know you will not be able to do so, it may be time to consider foreclosure defense strategies.

Once this additional grace period has passed, a bank can set an auction date to sell your home. Your lending institution must wait at least 20 days after you have been served with official notice to initiate the auction. Once the auction takes place, you will no longer be able to save your home.

How Bankruptcy Can Stop Foreclosure

The good news is that filing for bankruptcy can stop the foreclosure process at any point before the auction takes place. This means that you can choose to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy in the final days leading up to a sale and still potentially save your home.

  • Automatic stay puts an immediate stop to all foreclosure proceedings: When you file bankruptcy, the court promptly issues an automatic stay, an order that prohibits any further creditor action from being taken against you. This means that all types of collections actions, including repossessions, lawsuits, wage garnishments, and foreclosures, must be halted for the duration of the bankruptcy filing.
  • You can reorganize your finances to create more affordable monthly payments. Though Chapter 7 bankruptcy does include a liquidation element, you can exempt many of your assets – including equity in your home. We can help you maximize these exemptions while minimizing losses. In a Chapter 13 bankruptcy, your outstanding debts will be consolidated into a single monthly payment.
  • You can discharge unsecured debts to free up your money for your home payments. While you cannot discharge missed mortgage payments, you can be absolved of other types of debts, freeing up funds to catch up on payments. Our team can help you strategize on how best to leverage bankruptcy’s tools to protect your home and other interests.

We Will Fight for You

Our Chula Vista foreclosure defense attorneys at The Sexton Law Firm realize how terrifying the prospect of losing your home can be. We are experienced with helping clients stop the foreclosure process and navigate out of debt through filing for bankruptcy.

Our team can help you explore your options and chart a path to a more sustainable financial future, but you must act quickly. We can only stop foreclosure if you file for bankruptcy before the auction takes place.

Schedule a free consultation with our team to see how we can help you fight foreclosure. Call (619) 202-8976 or contact us online to get started today.

Why Hire The Sexton Law Firm?

Get the Representation You Deserve
  • We Listen to Your Story and Create a Strategy to Achieve Your Goals
  • With offices in Chula Vista, Oceanside, and La Mesa, we serve clients throughout all of Southern California
  • We Offer Free Consultations - Regardless of the Legal Matter
  • We Offer Phone and Video Consultations For Your Safety and Convenience
  • We Are Bilingual and Serve Our Clients in English and Spanish
  • We Are a Family Owned and Operated Law Firm

Attorneys Dedicated to Protecting Your Legal Rights

Contact Us Today

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Hear From Our Happy Clients

At The Sexton Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “He allowed me to vent, responded accordingly, and return my text message as if we were friends.”
    Through this very difficult period in my life, I reached out to the Legal Aid Society and they assigned a Lawyer to assist me in filing for bankruptcy protection. Andrew Sexton took the time to speak with me on the phone, he walked me through the process with detailed emails explaining what I needed to do in order to make the process go smoothly. He allowed me to vent, responded accordingly, and return my text message as if we were friends. Everything was conducted electronically, and on the phone, we never met in person…. Amazing. I highly recommend this firm with handling your financial issues regarding Bankruptcy. Thanks, Mr. Sexton for your professionalism and your due diligence in regard to my case
    - Brian Powell
    “From the very beginning, they were professional and very efficient in dealing with my case.”
    I was in a car accident back in July and got rear-ended because some guy was rushing on his way to work, you would think the guy would want to save more time by not filling out a police report and dealing with lawyer stuff but I guess not. I went on Google and found the Sexton Law Firm. From the very beginning, they were professional and very efficient in dealing with my case. I had the pleasure of meeting the head honcho, James Sexton. He was very personable and reassuring in taking care of my case. My case was dealt within one year, he even helped me get the medical assistance I needed. The entire time the law firm sent out ongoing emails giving me updates and letting me know how long I would have to wait for a response from the other party.
    Everything worked out perfectly, In the event that I am ever in another accident, I would definitely hire this firm again to handle it. Do I recommend them? Yes I do!
    - Jen Miller
    “They gave me outstanding service!”
    Andrew and his staff at James Sexton law firm are very courteous and professional when handling my bankruptcy. I was a little nervous going into this but came out feeling unstressed. I was given a list of paperwork to submit and after doing so they responded quickly and efficiently to handle the situation. My bankruptcy was finalized within 3 months. They gave me outstanding Service! Andrew Sexton follows in his father's footsteps as a professional and competent attorney. Thank you, If I could I would give 6 stars for service!
    - Michael Harkiewicz
    “I would highly recommend this law firm for anyone needing help!”
    The Sexton Law Firm was very helpful during the entire process. Andrew was very helpful and knowledgeable. However, Asia was the most helpful. She answered all my questions and relieved my worries about the progress of my case. I would highly recommend this law firm for anyone needing help with bankruptcies.
    - Ginger Russ
    “His council was well received, and it was honest.”
    I was referred to Mr. Andrew Sexton at a time of great need, confusion, and embarrassment. His council was well received, and it was honest, offered clarity, and calmed four shoulders worth of concerns. I would recommend that your consideration for representation would be met with the same regard. Very grateful for his time, knowledge, and resources.
    - Chris Myers
    “A very personable and professional team.”
    Mr. James Sexton has a very personable and professional team. His case manager Juliana Alvarez and office manager Tania Contreras, are great!! I do not have enough adjectives to describe them. And as for Mr. Sexton, he listens to every word and is forward reaching in his direction with my case. Thank you all and big hugs at these holiday moments and be safe with this pandemic.
    - David Phelps
    “We got called in and were out in minutes! Sexton made the process so easy and stress-free!”
    I am very grateful for the Sexton Law Firm! Patient, professional, and quick! I needed to file bankruptcy and they reassured me countless times of the process, how easy it will be, everything will be okay, and that I am not a bad person for filing! When arriving at the courthouse, he explained what will happen and what to say. We got called in and were out in minutes! Sexton made the process so easy and stress-free!
    - Erika Peterson
    “Top level lawyers who know how to win a case for their clients!”

    The Sexton law firm represented me in a facility injury case. Their professionalism and handling of my case was A+. The case was rapidly handled and settled in record time. The staff and the lawyers at this firm always kept me abreast of my case and gave me many options to resolve my case. My case was resolved in record time. I am extremely happy with my settlement and I am glad that I chose this great law firm to represent me. This law firm are top level lawyers who know how to win a case for their clients. I highly recommend this law firm to anyone who needs a lawyer. This law firm gets Five Stars because they earned it in my case settlement result. This review is real and from the bottom of my heart I sincerely thank the Sexton Law Firm and it’s staff and I am very grateful and thank them again for their services in my case.

    - Ronnie Brooks