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About Norma Duenas - California Bankruptcy Attorney
Expertise
Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: California Bankruptcy Attorney - Riverside, Los Angeles, & Orange County

Experience
Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 and Chapter 7 bankruptcy.

Organizations
California Bar Association American Bar Association Riverside Bankruptcy Attorney

Education/Credentials
University of California, Irvine, BA in Criminology, Law and Society California State University, Los Angeles MS in Criminal Justice University of San Diego, Law School, JD Cum Laude

You are here: Experts > Business > Corporate Law > Bankruptcy Law > Mortgage & Loss of a job

Bankruptcy Law - Mortgage & Loss of a job

Expert: Norma Duenas - California Bankruptcy Attorney - 10/16/2009

Question
I lost my job several months ago and I contacted Chase who has my mortgage and told them I was losing my job before my mortgage was even due or late. I had been current on my payments 2 years prior to this when I started my loan. I was told to call back in several weeks, that would be when my mortgage was at it's final date before it was considered late if I thought I still couldn't make the payment. I called back and was told by another person there that the person I originally spoke with was wrong and that Chase would not help me if I was late in my payments. I thought they would give some kind of temporary help which was what I was originally told. Now, 2 months later, Chase is saying I owe them a payment plus a late fee and if I don't pay, then the paperwork is already started to make my home go into foreclosure. The supervisor had told me that if I would have called several months sooner then they would have been able to help me, but now it's too far along in late payments. I couldn't believe it. I did call 2 months prior and told them my situation, but now Chase refuses to listen to me on this. I was told if I don't make a payment by next month I will have to be out of my house within 30 days and the foreclosure will go through and I won't be able to stop it. I was even told contacting a lawyer would do no good. This was from Chase financial Home Mortgage. I feel confused and not sure where to turn right now. Any suggestions?

Answer

California Bankruptcy

First you should speak to a lawyer regarding your situation regardless of what you were told from Chase Mortgage. Chase Mortgage doesn't represent your interest and may be giving you erroneous advice. Second the process for trustee sale foreclosure or judicial foreclosure has to be completed prior to your being removed from the home. For a trustee sale the process requires that you receive a Notice of Default that is recorded with county recorder. After you receive the Notice of Default their is a 90 period before your may be sent a Notice of Trustee Sale. The sale date has to be at least 21 days from the date the Notice of Trustee Sale was filed. If you haven't received these notices or a court foreclosure judgment then they cannot legally remove you. I would also look into whether you need to file a Chapter 13 bankruptcy process if they have initiated foreclosure proceedings. There are also some new laws that may be able to protect you by extending the time that is required before they can foreclose on your property. Please keep in mind that the foreclosure process stated above relates to California and the proceedings may be different in another state.

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