Foreclosure Defense & Emergency Filing in the Inland Empire

Schedule Appointment 24/7: Call 909-915-0181 (Redlands) or 760-835-9353 (Palm Springs)

Sale Scheduled Tomorrow? We Can File an Emergency "Skeleton Petition"

When financial disaster strikes, you may not have weeks to prepare. If you have received a Notice of Trustee's Sale, time is critical. The Law Offices of Edgar P. Lombera can utilize the "Skeleton Petition" process to secure the Automatic Stay protection immediately.

This streamlined filing requires only minimal forms initially (your social security number, creditor list, and basic income info). This triggers the Automatic Stay instantly, legally freezing the auction and stopping the bank from selling your home. We then have 14 days to file the remaining schedules. This buys you the immediate time needed to save your home.

How the Automatic Stay Stops the Auction

Once we file your case in the United States Bankruptcy Court (Riverside Division), the Automatic Stay acts as a legal force field. It typically:

• Pauses the Trustee's Auction: Even if the sale is scheduled for the next morning.
• Stops the Recording of a Trustee’s Deed: Preventing the transfer of ownership.
• Halts Eviction Activity: Freezing any efforts to remove you from the property.

Unlike a state court injunction, which requires a bond and a hearing, the Automatic Stay takes effect the moment your case number is generated.

The Foreclosure Process in California (Timeline)

Understanding where you are in the timeline is vital. California utilizes a non-judicial process, meaning the bank does not need to sue you to foreclose. The timeline generally follows these steps:

1. The Contact Period: Lenders must attempt to contact you to discuss "foreclosure avoidance" 30 days before starting legal action.
2. Notice of Default (NOD): This is the official start. Once recorded, you have 90 days to "cure" the default by paying the missing amount.
3. Notice of Trustee's Sale: If the debt is not cured after 90 days, a Notice of Sale is recorded. This states the date, time, and location of the auction (usually 21 days later).
4. The Auction: The property is sold to the highest bidder at public locations like the Chino Civic Center or the Riverside Historic Courthouse.

The Solution: Using Chapter 13 to Cure Mortgage Arrears

You don’t just want to delay the inevitable; you want to keep your house. Chapter 13 Bankruptcy is the tool for retention.

Chapter 13 creates a court-supervised Repayment Plan (lasting 36–60 months). This allows you to:

• Catch Up on Missed Payments: You pay back the "arrears" (the overdue amount) interest-free over 3-5 years.
• Resume Normal Payments: You go back to making your regular mortgage payment each month.
• Eliminate Second Mortgages: In some cases, if your home value is less than your first mortgage balance, we can "strip" a second mortgage entirely, treating it as unsecured debt.

Alternative Options: Mortgage Modification & Exit Strategies

Not every homeowner chooses to keep the property, or perhaps Chapter 13 isn't the right fit. We also assist with:

• Loan Modification: We coordinate with your servicer to pursue a trial modification, submitting proofs of income and hardship letters to potentially lower your interest rate or extend the loan term.
• Short Sale: If you owe more than the home is worth, we can negotiate with the bank to accept a sale price lower than the debt, avoiding a foreclosure on your record.
• Deed in Lieu: Voluntarily transferring the deed to the bank to avoid the trauma of a public auction.

Post-Sale Options: What If the Sale Already Happened?

If a trustee’s deed has already been recorded, our strategy shifts to damage control:

• Cash for Keys: Negotiating a timeline to move out in exchange for relocation assistance from the purchaser.
• Deficiency Judgments: We review your loan type to see if you are protected by California’s anti-deficiency laws (which prevent the bank from suing you for the remaining balance after a foreclosure).
• Eviction Defense: Ensuring you are given the proper legal notice before being required to vacate.

Local Court & Service Area

Most Inland Empire cases are handled by the United States Bankruptcy Court in the Riverside Division. We serve homeowners in Redlands, Palm Springs, San Bernardino, Riverside, Fontana, and Rancho Cucamonga. Our team is fully bilingual (English/Español).

Last Updated: January 2026. This page consolidates information previously found on our Emergency Filing and Foreclosure Protection resources to provide a single comprehensive guide.