Stop Foreclosure or Bankruptcy Now

When it comes to foreclosure, some people are not sure whether they should allow that to take place, or just file for bankruptcy. If you go into the decision thinking that you must choose one or the other, then the decision is going to be even more difficult than it already would be – and it isn’t a decision that can be made easily. An act of foreclosure does occur when the mortgage lender does not receive the monthly payments they are entitled to. Stopping the foreclosure can only be done by paying the lender. A mortgage loan is sort of like a car loan and if a person does not pay his car payment, he will lose the car through repossession. Likewise, foreclosure will cost a person their home if they do not make the appropriate payments.

For people who cannot pay their debts, sometimes they file for of bankruptcy. The purpose of this action is to stop all the civil action against the debtor while the debtor is in bankruptcy. By law, then, a bank]lender has to suspend legal actions including a foreclosure. Still, the banks are not left out in the cold, because they will apply for relief from the stay. Foreclosure will go forward, despite filing for bankruptcy, and you cannot keep a home unless you pay the lender. Bankruptcy will slow the action, but it will not prevent it.

Occasionally, however, foreclosure is prevented through bankruptcy, as the latter gives person additional time in which to pay the bank and usually makes the paying easier. Due to bankruptcy, mortgage lenders are required to stop their foreclosure action, and this gives a debtor extra time to raise the funds necessary to pay the bank. Through bankruptcy, many unsecured debts are eliminated completely, and a person who is in debt will very often find that they have money to pay their mortgage payments with that they didn’t before bankruptcy. A chapter 13 bankruptcy allows the debtor to pay the mortgage over a period of time through a court ordered payment plan.

In order to file for bankruptcy, you must first qualify – which not everyone does – and even if you do, you will be faced with very high legal fees. In many cases, the legal bills may be more than the amount necessary to catch up on the mortgage payments that the debtor owes. Anyone considering bankruptcy to prevent foreclosure should discuss it with a lawyer. Due to the complicated legal procedures involved in bankruptcy, it is definitely a procedure that you should not handle by yourself. The scope of this article is to give you basic information, and if you are wanting more detailed information, you need to speak to a lawyer who is actually licensed in your home region.

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Tagged as: chapter 13 bankruptcy, foreclosure