How to stop trustee sale in the event of a foreclosure

[SoCalresident]

The trustee sale on my friends house is set to be in a few days.
One attorney showed up at his house talking about how he could stop the trustee sale.

Can any one guide if this person is actually talking sense. This is what he says

He would have a corporation file a lien on my property, and then have the corporation file for a bankruptcy. This would then stop the trustee sale, till the bankruptcy is complete. they would then do a voluntary withdrawl from bankruptcy, and this whole process would give us 3 extra months in the house.

other option:
They would file a bankruptcy protection against the property. I am not sure what this means. Does any one knows anything about it ?? This does not sound like my friend filing for bankruptcy.... correct?

[goldie]

The trustee sale on my friends house is set to be in a few days.
One attorney showed up at his house talking about how he could stop the trustee sale.

Can any one guide if this person is actually talking sense. This is what he says

He would have a corporation file a lien on my property, and then have the corporation file for a bankruptcy. This would then stop the trustee sale, till the bankruptcy is complete. they would then do a voluntary withdrawl from bankruptcy, and this whole process would give us 3 extra months in the house.

other option:
They would file a bankruptcy protection against the property. I am not sure what this means. Does any one knows anything about it ?? This does not sound like my friend filing for bankruptcy.... correct?

I'm no expert, but that sounds rather shady. I suspect that when you get an NOD or NOTS you suddenly become prey for a lot of vultures. There ARE legitimate foreclosure defense attorneys out there, but they do cost money. A legitimate attorney would want to see the foreclosure papers/loan docs, do an audit of some sort and see what kind of problems there are with the loan. Does she have a MERS loan? Has she thought about bankruptcy to save her home? In the BK court in a Chap 13 or even a 7 (if schedule amended correctly) the "lender's" lien validity will be challenged and they will be forced to prove their proof of claim and accounting practices. The attorney who understands securitization and lender servicing fraud will be able to find something wrong. Google Steve Vondran or Timothy McCandless (attorneys in So Cal). They write blogs that I like and have a bit of free info on their websites regarding foreclosure defense. I don't know how good (or bad?) they are as attorneys though. You can also google Max Gardner's BK Bootcamp Graduates, livinglies wordpress list of "lawyers who get it" or NACA (Nat'l Assoc of Consumer Advocate Attorneys). Don't go with the "ambulance chaser" who came to your door unsolicited - it just sounds extremely fishy.

Oops, sorry for calling your friend "she". I mean "he" just too lazy to go back & correct - lol

[Liberty]

Your friend can file bankruptcy on their own.
The court would place the arrears in a payment plus plan over five years.
Your friend has to have enough income for the judge to grant a restructuring of the debt.

Time is of the essence. If the sale is in 3 days, you've got to file tomorrow and fax copies of the filing to the foreclosing attorney. Make sure the foreclosing attorney has received notice of the bankruptcy.

[trltrltrl]

Nice. How much time would you gain from filing ch. 13 then withdraw from bankruptcy?

[Liberty]

Nice. How much time would you gain from filing ch. 13 then withdraw from bankruptcy?

You don't file Ch. 13 to buy time, you file to restructure the debt.

But if the Trustee Sale is tomorrow, its moot.

[reject]

My reply is probably too late, but filing a mechanic's lien would probably buy your friend a few months - shady yes, but I think the gloves are already off.

[trltrltrl]

what if someone filed ch. 13 and a few months later withdrew. Then a Corporation files a lien then files bankruptcy?

[pcmark626]

they have sucessfully delayed my sale twice now and i should be able to get my loan mod through before summer starts and be done with all this.

i wish the lender would just delay it on their own but they refuse and without time i wont be able to get my loan mod through so i had get my sale delayed.

[SONORACADREAM]

How much does this Service Cost to delay? Is this somthing I could do? I am as smart as alot of paralegals that do all the work anyway?

[djdavisla]

does anyone have updated information on socahomes services? like to know if they are still there should I need them