Stop a Trustee’s Sale. Cure Mortgage Arrears in a Chapter 13 Plan. Bilingual. Free Consultation. Hablamos Español.
Edgar P. Lombera
Foreclosure Defense Attorney · 15+ Years
If you received a Notice of Default or a Notice of Trustee’s Sale on a home in San Bernardino or Riverside County, you still have time and you still have options. A local foreclosure defense attorney can use the automatic stay to pause a trustee’s auction, build a Chapter 13 repayment plan that cures missed payments, and coordinate loss mitigation with your mortgage servicer — often inside the same week you call.
The Law Offices of Edgar Lombera represents Inland Empire homeowners facing foreclosure across the entire region — from Redlands and San Bernardino to Palm Springs and Indio. We are bilingual (English / Español), we file in the United States Bankruptcy Court, Central District of California, Riverside Division, and we know the local trustees, servicers, and timelines that decide whether you keep the house.
California is a non-judicial foreclosure state. After default, your lender’s trustee records a Notice of Default, waits the statutory period, then posts a Notice of Trustee’s Sale and auctions the property on the courthouse steps. There is no lawsuit, no judge, no hearing — unless you file something that creates one.
That is the leverage a foreclosure defense lawyer brings. The moment we file your bankruptcy petition, federal law triggers the automatic stay — an immediate freeze on the trustee’s sale, the recording of a trustee’s deed, and any eviction activity tied to the foreclosure. Most collection calls and letters from junior lienholders stop too.
A stop foreclosure attorney — sometimes called a stop foreclosure lawyer; same role, different label — earns their fee on timing. The stay attaches at the moment of filing, but only if the petition is on the docket before the auction opens. Sales in the Inland Empire often happen at 10:00 or 11:00 a.m. at a county courthouse step; we have filed petitions at 8:30 a.m. and called the trustee by 9:00 to pull the property from the auction sheet. Wait until afternoon and you are calling a new owner instead. The stay has limits — prior recent filings, bad-faith filings, and creditor motions for relief from stay can narrow it — so a foreclosure defense attorney times your filing for the strongest protection and prepares for the creditor’s likely response before it happens.
Free, No-Obligation Consultation
A short call confirms whether Chapter 13 or Chapter 7 fits your situation and how quickly we can file to stop the sale.
Call (909) 915-0181 NowFor most Inland Empire homeowners using bankruptcy to stop foreclosure and keep the house, Chapter 13 is the right tool. A Chapter 13 plan is a court-supervised repayment schedule, 36 to 60 months long, that lets a debtor catch up past-due mortgage installments while resuming regular monthly payments.
Here is what makes a Chapter 13 foreclosure strategy work: missed principal, interest, escrow, late fees, and trustee costs get divided across the plan months and paid through a single monthly payment to the Chapter 13 trustee. Starting the first month after filing, you also resume normal monthly mortgage payments. Other debts — credit cards, medical bills, deficiency balances, unsecured judgments — get folded into the same plan, often paid pennies on the dollar or discharged entirely. The home stays out of foreclosure for the life of the plan as long as the plan payment and the ongoing mortgage stay current.
Chapter 13 also unlocks lien stripping in narrow cases — if your home is worth less than the first mortgage balance, a wholly unsecured second mortgage or HELOC can sometimes be removed at the end of the plan. That alone has saved Inland Empire homeowners six-figure sums on underwater property.
Can bankruptcy stop foreclosure? Yes — and in most Inland Empire cases it is the fastest legal tool available. Filing creates the automatic stay, and the stay pauses the trustee’s sale the moment the petition is on the docket.
Will bankruptcy stop a foreclosure? In nearly every first-time filing, yes. The stay is automatic — no motion, no hearing, no judge’s signature needed. Filing is the act.
Does bankruptcy stop a foreclosure? It does, but it does not erase the underlying mortgage debt. Chapter 7 buys you a few months to negotiate, relocate, or pursue loss mitigation. Chapter 13 buys you the whole plan — three to five years to cure arrears and keep the home. Which one you file depends on your income, your equity, and your goal.
Bankruptcy to avoid foreclosure vs. bankruptcy to prevent foreclosure — homeowners ask both. Practically, “prevent” usually means filing early, before the Notice of Trustee’s Sale has been posted, to clear other debt that is making the mortgage unaffordable. “Avoid” usually means filing close to a sale date to stop it. Either way, the underlying law is the same: file, the stay attaches, the sale stops.
Both chapters trigger the automatic stay on filing, but they serve different goals. For most Inland Empire homeowners with steady income and a home worth saving, Chapter 13 is the answer. A foreclosure defense attorney walks through your numbers — equity, income, plan feasibility, deficiency exposure — before picking the chapter.
| Issue | Chapter 7 | Chapter 13 |
|---|---|---|
| Stops the trustee’s sale on filing? | Yes — but only while the case is open (usually 3-6 months) | Yes — for the entire 3-5 year plan |
| Cures missed mortgage payments? | No — you must catch up outside the case or lose the home after discharge | Yes — arrears spread over plan months |
| Best fit for… | Homeowners walking away, or homeowners using the breathing room to negotiate a modification | Homeowners who want to keep the house and have steady income to support a plan payment |
| Income test? | Means test required — usually for filers below the California median | No income ceiling; requires regular income to fund the plan |
| Effect on second mortgage / HELOC? | Unsecured portion discharged but lien survives unless stripped in Ch. 13 | Wholly unsecured juniors can be stripped if home is underwater |
The smartest foreclosure defense pairs the Chapter 13 plan with active loss mitigation. While the bankruptcy stay holds the sale at bay, we push the servicer for a permanent modification: lower interest rate, longer term, capitalization of arrears, or in some cases a partial principal deferment.
We assemble a complete package — deed of trust, recent loan statements, two years of tax returns, paystubs or profit-and-loss, hardship letter, household budget — and submit through the servicer’s portal. For Inland Empire homeowners, we also push for the Loss Mitigation Mediation Program available through the Central District of California Bankruptcy Court, which forces good-faith negotiation on a court-supervised schedule. If a trial period plan is offered, we vet the terms before you sign — many trial offers are built to fail, with payments higher than the original default amount.
When a modification lands, the Chapter 13 plan can be amended to drop the arrears cure. If keeping the home is not feasible, there are other tools: a short sale with servicer approval, a deed in lieu of foreclosure, or walking away under the cover of the Chapter 7 stay. The right move depends on your numbers, not on what the servicer’s “specialist” tells you.
The earlier you call a stop foreclosure attorney, the more tools we have — but even on the morning of the sale, options exist. An emergency bankruptcy filing (a skeletal Chapter 13 or Chapter 7 petition with minimum documents) can be filed in under two hours, and the stay attaches at the moment of filing. A state court injunction is available in narrow circumstances — servicing errors, dual tracking violations, missed loss mitigation deadlines. Mediation escalation combined with a complaint to the California Department of Financial Protection and Innovation sometimes buys 30 to 60 days. Trustees occasionally grant a postponement for a complete modification package or a pending bankruptcy filing — but never assume; always confirm in writing.
Deed of trust, Notice of Default, Notice of Trustee’s Sale, recent loan statements (last 12 months), loss mitigation correspondence, two months of paystubs, two years of tax returns, a list of monthly bills, and any judgment papers tied to the home.
If a sale is close, the predators come out. Be careful of any “solution” with up-front fees for a “guarantee” to stop the foreclosure, deed transfers to a stranger or LLC you do not control, “rent back” promises after a transfer, or pressure to stop talking to your servicer or lawyer.
California’s Mortgage Foreclosure Consultant Act and Home Equity Sales Contract Act regulate this space — legitimate California foreclosure relief comes from licensed attorneys and HUD-approved housing counselors, not phone solicitors charging $3,500 to “file paperwork.” If you are unsure about an offer, call our office before signing anything. The consultation is free.
Lombera Law represents foreclosure defense clients across San Bernardino County, Western Riverside County, and the Coachella Valley. Our Redlands office is at 2068 Orange Tree Lane, Suite 220, Redlands, CA 92374. Our Palm Springs office is at 1276 N. Palm Canyon Drive, Suite 107, Palm Springs, CA 92262.
Looking for a foreclosure lawyer near me in the Inland Empire? We serve these cities:
If you have searched for a “foreclosure attorney Inland Empire” or a “foreclosure lawyer Inland Empire” — both phrases land you in the same place. Our practice covers both San Bernardino and Riverside Counties from the same firm, with no referrals out. The same is true if your search was geographically narrower: a request for “foreclosure defense San Bernardino” or “stop foreclosure Inland Empire” reaches our intake team the same way, and the case is handled by the office closest to your property.
All Inland Empire bankruptcy filings are handled by the United States Bankruptcy Court, Central District of California — Riverside Division (3420 Twelfth Street, Riverside, CA 92501). State foreclosure injunctions go through the San Bernardino or Riverside County Superior Courts. We coordinate routinely with lenders and trustees based across Southern California for Inland Empire properties.
I was 14 days from the auction. Edgar filed Chapter 13 the morning before the sale and we kept the house. The plan caught us up on the arrears over four years and we’re still in the home.
Fontana, CA
I owed two mortgages, one underwater. Lombera Law filed Chapter 13 and stripped the second mortgage. Saved more than $80,000 over the plan.
Palm Desert, CA
The servicer kept losing my modification paperwork for six months. Edgar filed Chapter 13 to stop the foreclosure and forced the lender into the bankruptcy court’s mediation program. We got a permanent modification 90 days later.
Moreno Valley, CA
Get answers to the most common questions about how bankruptcy and foreclosure defense interact. For personalized guidance, call (909) 915-0181 (Redlands) or (760) 835-9353 (Palm Springs).
Yes. Filing a Chapter 7 or Chapter 13 petition triggers the automatic stay under 11 U.S.C. § 362, which immediately pauses any scheduled trustee’s sale. The stay attaches at the moment of filing — the petition must be on the court’s docket before the sale opens for it to halt the auction.
In nearly every first-time case, yes. The stay is automatic and does not require a judge’s order. Exceptions: if you have had a prior bankruptcy dismissed in the past year, the stay may be limited to 30 days or not apply at all unless we file a motion to extend or impose it.
Chapter 13 stops it for the life of the plan (3 to 5 years), and as long as you cure the arrears and stay current on ongoing payments, the property is yours when the plan completes. Chapter 7 stops it only while the case is open — usually three to six months — and the underlying mortgage default survives discharge unless you reaffirm or modify.
Yes — and Chapter 13 is the bankruptcy chapter designed for it. The plan lets you cure missed payments over 36-60 months while keeping the house. As long as the plan payment and the ongoing mortgage remain current, no foreclosure can proceed.
Yes, if the petition is filed before the auction opens. We have filed Chapter 13 petitions at 8:00 a.m. for 10:00 a.m. sales and stopped the auction. After the gavel falls, the property is gone — file early when possible, but emergency filings on sale day are common in the Riverside Division.
For the entire plan — typically 36 to 60 months. The stay holds as long as the case is open and the plan is being performed. If you miss plan payments, the lender can move for relief from stay and the foreclosure can resume.
Yes, but only temporarily. Chapter 7 pauses the sale for the 3-6 months the case is open, then discharges your personal liability on the mortgage debt. Unless you reaffirm or modify, the lender can resume the foreclosure after discharge. Most homeowners who want to keep the house file Chapter 13 instead.
Yes, immediately upon filing — through the automatic stay. The relief is shorter than Chapter 13 (months, not years) but useful if you need breathing room to negotiate a modification, complete a short sale, or relocate without harassment.
A foreclosure defense attorney evaluates your loan file for servicing errors, builds the strategy (Chapter 13 cure, Chapter 7 stay, state court injunction, or loss mitigation), files the petition or pleading that triggers the stop, then represents you through plan confirmation, modification negotiation, and any creditor motions for relief from stay. The job is part lawyer, part negotiator, part deadline manager.
A missed plan payment can trigger a motion to dismiss from the Chapter 13 trustee. If you act quickly, we can usually file a plan modification, request a short forbearance, or convert to a different chapter. Communicate with us the moment a payment is going to be late.
Loss mitigation is the servicer’s review of alternatives to foreclosure: loan modification, forbearance, repayment plan, short sale, or deed in lieu. We run loss mitigation in parallel with the Chapter 13 plan — the stay holds the sale at bay while we negotiate, and if a permanent modification lands, the plan can be amended to drop the arrears cure.
Yes — and it is the most common reason Inland Empire homeowners file Chapter 13. The plan is designed to cure mortgage arrears while you keep the home. We confirm feasibility before filing by running your income against the proposed plan payment plus ongoing mortgage.
In practice they describe the same legal tool — filing before a sale to stop it. “Prevent” usually implies filing early, before the trustee posts a sale date. “Avoid” usually implies filing close to a scheduled sale. The mechanism is the same: file, the automatic stay attaches, the sale stops.
Bring the Notice of Default and the Notice of Trustee’s Sale, your most recent two mortgage statements, two months of paystubs (or year-to-date profit and loss for self-employed), the most recent two years of tax returns, a list of monthly bills and other debts, and any letters from your servicer about loss mitigation. If you are bilingual, tell us — we handle the full case in English or Spanish.
Edgar P. Lombera is the founding attorney of the Law Offices of Edgar Lombera, a Professional Law Corporation. He represents Inland Empire homeowners and consumers in Chapter 7, Chapter 13, and foreclosure defense matters before the United States Bankruptcy Court, Central District of California — Riverside Division.
His practice focuses on practical, plain-language counseling, local procedure, and coordinated strategy between bankruptcy filings, servicer loss mitigation, and state court enforcement. The firm is bilingual (English / Español) and serves clients across San Bernardino County, Riverside County, and the Coachella Valley.
Trustee sales in California move quickly. By the time a Notice of Trustee’s Sale is posted, the auction is usually 21 days out. The earlier you call, the more options we have — but even a same-day emergency filing can stop a sale hours away.
A free consultation with a local foreclosure defense lawyer — or a stop foreclosure lawyer when timing is the priority — gets you a clear answer on whether Chapter 13 or Chapter 7 is the right tool, how quickly we can file to trigger the automatic stay, and whether a loan modification is realistic given your servicer and your numbers. Hablamos Español.
Law Offices of Edgar P. Lombera
2068 Orange Tree Lane, Suite 220
Redlands, CA 92374
Phone: (909) 915-0181
San Bernardino County · Available 24/7 · Hablamos Español
Law Offices of Edgar P. Lombera
1276 N. Palm Canyon Dr., Suite 107
Palm Springs, CA 92262
Phone: (760) 835-9353
Coachella Valley · Available 24/7 · Hablamos Español
U.S. Bankruptcy Court
Central District of California
Riverside Division
3420 Twelfth Street, Riverside, CA 92501
All Inland Empire BK filings handled here
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Attorney Advertising · Debt Relief Disclosure: The information on this page is general legal information, not legal advice. Past results do not guarantee future outcomes — every case is different. We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. An attorney-client relationship is not formed until a written engagement agreement is signed. Free consultations are offered for prospective clients to evaluate their legal options. The Law Offices of Edgar P. Lombera is licensed to practice in California.
