Onyx, CA Bankruptcy Law Firms & Lawyers

It's too late to reaffirm your mortgage now. It's generally not a good idea to reaffirm a mortgage in a California Chapter 7 anyway (although there are rare exceptions). Most knowledgeable bankruptcy attorneys would consider it malpractice to recommend reaffirming a mortgage. While it is true it would normally be a violation of your bankruptcy discharge for your lender to contact you about restructuring, refinancing or modifying your home loan after bankruptcy, there are special laws allowing lenders to deal with you with regards to a HAMP modification or a HARP refinance. If your lender wont assist in a HARP refinance, it's because they choose not to do and not because they can't.

They can not get a bench warrant unless they have a judgment, and you have failed to respond to a subpoena. Tell them that they are in violation of the fair debt collection act, get their name and number and counter sue for violations.

After your bankruptcy discharge has been entered the lender can complete its foreclosure. You need to phone the lender to find out the trustee's sale date of the foreclosure. After the trustee's sale you will get an eviction notice if you have not already moved.