How to Stop a Sheriff's Sale of a Property in California

How to Stop a Sheriff's Sale of a Property in California thumbnail
A sheriff's sale is the final step in judicial foreclosure in California.

A sheriff's sale is often the final step of the California home foreclosure process. Once a mortgage holder has successfully shown in court that the home owner has defaulted on the loan and that the mortgage holder has the rights to the property, a sheriff's sale occurs to sell the property. The proceeds go to the mortgage holder up to the amount owed. If a sheriff's sale is occurring, it is likely that the home owner cannot make good on the mortgage. A way to stop it at this point is to declare bankruptcy.

Instructions

    • 1

      Retain a bankruptcy attorney who meets California bar standards. It is wise to check references before retaining an attorney. Bankruptcy attorneys will often seek to be paid up front.

    • 2

      Prepare needed documentation to file for bankruptcy in California. This will often include proof of income and expenses. The attorney will guide you through this process with the specifics for your case.

    • 3

      Direct the attorney to file the bankruptcy with the state of California. At the point of filing, all collection efforts against you are suspended until judgment is made in the case.

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References

  • Photo Credit David Sacks/Lifesize/Getty Images

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