Karra L. Kingston Esq. has helped debtors file bankruptcy to save their homes. A Chapter 7 bankruptcy can stop a foreclosure. Many clients come to us after all other options have been exhausted. Our office has represented clients in bankruptcy Court against mortgage lenders and obtained successful modification outcomes. Call our office today to speak with a bankruptcy lawyer that can help you save your home before it’s too late!
A Chapter 7 bankruptcy, can stop foreclosure proceedings and may even save your home. Many times people who face foreclosure wait until the last minute to stop the auction of their home. In some jurisdictions filing a Chapter 7 bankruptcy can be useful to stopping the sale of the home, and trying to get a loan modification. Sometimes, Chapter 7 may not be the best option and a Chapter 13 bankruptcy may need to be filed to save your home.
How Can A Chapter 7 Bankruptcy Save My Home?
A Chapter 7 bankruptcy can stop a foreclosure and wipe out the amount that you owe on your mortgage. This means that if your house is foreclosed on and you file a Chapter 7 bankruptcy then you will not be liable for any deficiency that may be owed. It is important to understand that even though your mortgage gets wiped out in a Chapter 7 bankruptcy, this does not mean that the lien on the property goes away. A lien still stays on the property when you file a Chapter 7 bankruptcy. This means the mortgage company can continue to foreclose on your home even though you do not personally owe the remaining balance on the mortgage. If you are current on your mortgage then this should not be a concern, as most companies will allow you to keep paying your mortgage even after filing a Chapter 7 bankruptcy.
Different States’ have different rules as to what can be done to stop the sale of your home in a Chapter 7 bankruptcy. For example, in New York the Court will allow you to file a Chapter 7 bankruptcy, to stop the sale of your home and try to seek loss mitigation. Loss mitigation, is where the lender and the debtor work together to come up with some sort of repayment plan. Sometimes the lender will extend the terms of the loan and put the arrears in your monthly payment. Other times, the lender may put a balloon payment at the end of your mortgage. Unfortunately, not everyone can qualify for loss mitigation. In order to qualify, you will have to show the lender that you have enough income to be able to make payments on your loan.
Why Chapter 7 May Not Be the Best Way To Save Your home
Filing a Chapter 7 bankruptcy, may not be the best way to save your home. If you are not able to participate in loss mitigation, then you have no recourse. Unlike a Chapter 7 bankruptcy, a Chapter 13 bankruptcy allows you to become current on your arrears. This means that you will have to pay your regular monthly mortgage payment, on top of paying your arrears. If you can show the Court that you are able to pay both, your Chapter 13 bankruptcy plan will likely to be confirmed. Unfortunately, Chapter 7 bankruptcy does not have a mechanism to allow you to catch up on your arrears.
Further, if you file a Chapter 7 bankruptcy the Court can not force the lender to give you a loan modification. This means that the lenders ultimately, have the upper hand.
How Does the Automatic Stay Stop My Foreclosure?
If your home is set for auction, filing a Chapter 7 can by you time. When you file bankruptcy an automatic stay becomes effective. This prevents creditors from coming after you including, the bank from foreclosing on your home. Creditors must cease all collection efforts. Therefore, if your home was scheduled for auction, the auction will be canceled.
Filing a bankruptcy can help you stay in your home for a little while longer. This extra time can allow you to work out other foreclosure options with your lender such as a loan modification, or short sale. If you have a foreclosure auction date set, time is of the essence. The longer you wait the more difficult the process becomes. Make sure that you speak with a bankruptcy lawyer immediately to discuss your options.