Is it possible to STOP Foreclosure..? Just because you’ve fallen behind on your mortgage payments does NOT automatically give your bank (or other mortgage holder) the right to foreclose on your home.

So, if you’re unable to catch up on those payments right now, and unable to reach an agreeable (to YOU, not just to them) arrangement with the bank to deal with the situation…

Then filing a Bankruptcy action might be the best way for you to delay – or even outright, stop foreclosure from happening. But there ARE certain conditions to consider, and pitfalls to avoid.

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WHAT ARE THE BENEFITS OF CHAPTER 11 BANKRUPTCY?

We’ve put together the following tips to help you keep your house – either permanently, or temporarily (which at least can give you time to gather your thoughts and resources, and make plans).

  • Consider your Bankruptcy options.
  • Regardless of whether you file for Chapter 7 or Chapter 13 bankruptcy, the court will issue an automatic stay on your debt, which in turn will demand that your mortgage lender stop foreclosure activity.  Even if your house is scheduled for sale by your lender, such action cannot be pursued while the stay is in place.  However, it is important to consider that not every form of bankruptcy allows you to indefinitely remain in your home.  For instance, under Chapter 7 bankruptcy, a person may not be able to save their home since it fully discharges all mortgage debts and home equity loans.  While primary residences may be exempt, this is not always the case.  However, this form of bankruptcy may be the best way for the individual to address their mounting debt situation.   Hence, it is important for a debtor to weigh all of his or her bankruptcy options.
  • Hire a bankruptcy attorney.
  • Only a bankruptcy attorney is in the best position to advise you of your legal options and help you determine whether a bankruptcy action is right for you.  For instance, an experienced bankruptcy attorney will be able to review your financial circumstances and offer you the most effective solutions to either delay or even stop all foreclosure actions.  Many attorneys are also able to offer alternatives to bankruptcy, which may also help you keep your home.
  • File for Chapter 13 bankruptcy.
  • Chapter 13 bankruptcy is the most viable way to stop a foreclosure proceeding.  Not only does it temporarily stay all foreclosure actions, it gives homeowners the option of permanently remaining in their homes.  Otherwise stated, the major advantage of Chapter 13 bankruptcy is that mortgage debts are included in a repayment plan that lasts for a certain period of time (usually 3 or 5 years).  The homeowner is able to avoid foreclosure in the future by remaining current on their housing payments and submitting all payments on time.
  • Consider your alternatives.
  • Sometimes bankruptcy is not the most effective way to address your debt, especially if foreclosure is your only financial issue.  To illustrate, there are several types of foreclosure prevention programs available to address an impending foreclosure, such as loan modification.  This allows your lender to re-work the terms of your mortgage agreement by moving missed mortgage payments to the end of the payment term, in order to make the account current and avoid foreclosure. This can also lead to a reduced interest rate and sometimes even a principal reduction.

Help For Homeowners who want to Stop Foreclosure

At the Goldbach Law Group, our expert Bankruptcy Attorneys will fight tenaciously to stop foreclosure activity, and SAVE YOUR HOME.  If you want to save your home or buy yourself time to plan your next move, we can help.  In order to successfully stop foreclosure activity, we recommend consulting with us well in advance of the bank’s scheduled sale of your home and no later than one week prior to the sale date.

We offer same-day appointments, as well as evenings and weekends for urgent cases.  Emergency consultations and filing appointments may be scheduled up to and including the day before the sale.  For more information about your foreclosure and other financial options, contact us today at (562) 696-0582 for a free confidential consultation.  For over 24 years, we have been successfully representing clients located throughout Los Angeles and Orange County.

OTHER TYPES OF BANKRUPTCY

Chapter 13 Bankruptcy

For High Income and Asset Owners

Chapter 7 Bankruptcy

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Chapter 11 Bankruptcy

For Businesses and Corporations

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Goldbach Law Group specializes in

Chapter 7, 11, and 13 Bankruptcies

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