You can stop foreclosure immediately and automatically by filing for Chapter 13 bankruptcy protection. Once a bankruptcy petition is filed, the "automatic stay" is imposed on all foreclosure. This means the foreclosure is stopped and stayed immediately.
In a classic Chapter 13 case, you as the homeowner will have a chance to catch up on what you are behind on your mortgage payments.
Once the Chapter 13 Petition is filed, the homeowner starts to make the regular ongoing mortgage payments and a monthly Chapter 13 payment to the Chapter 13 Trustee. The regular ongoing payments keep you "current" and the Chapter 13 monthly payments help you to catch up on the amount you are behind on your mortgage or the "arrears".
Depends on your situation, you will have between 3 to 5 years to catch up on the arrears.
The Chapter 13 Plan payments can be tailored to suit your financial situation. It can start out lower and increase to higher amounts in later years.
Chapter 13 give you a piece of mind and a chance to catch up on what you are behind, without having to constantly worry that the lender will refuse or stop working with you or will stop accepting your payments.
With today's ever changing real estate market, a little time goes a long way.
If you are in the process of making arrangements to sell your house and just need more time to find the right buyer and negotiate the right price, bankruptcy can provide you the additional time you need to make it happen without having to give the Bank or your mortgage lender all the control.
Rather than allowing the foreclosure to take place, Bankruptcy can give you more time to arrange for the sale of your house, thereby helping you to keep any equity you might have in the house.
If you change your mind during the course of the repayment period of 3-5 years, you always have the option to change your Chapter 13 plan and sell your house. Chapter 13 does not stop you from selling your house, or refinancing your mortgage loan.
In today’s difficult real estate and employment conditions, many cases involve obtaining a loan modification while in the Chapter 13 Case. The Judges have approved special plan language to allow plans to be confirmed (i.e. approved) where the Debtor proposes to obtain a plan modification within one year. These plans then provide that if you are not successful in a plan modification, that the plan is modified to provide for rejection of the house, or to pay the contractual payment and pay the arrears in the plan.
It is in your best interest to know all your options.
If your house is worth less than what you owe on your first mortgage, then we can help you to strip off and void any junior mortgages or Home Equity Lines of Credit (HELOC).