Estate Planning Probate
When your house is or is going into foreclosure, there are steps you can take to prevent your house from being taken from you and from you being forced to move out. The first step in stopping the legal proceeding against your home is to contact an experienced attorney to handle your case. The sooner you call an attorney the better situated you will be to accomplish your goals, either to keep you in your house or to walk away.
As a homeowner, you have many rights that you might not realize. For example, there are state and federal laws that protect you to a greater extent than if you held a mortgage on some other type of personal property, such as a car or boat. Thus, banks have specific regulations and procedures in foreclosing on your home that must be complied with.
Another option that provides you the ability to stop a foreclosure sale is by filing Chapter 7 or Chapter 13 bankruptcy. Filing bankruptcy under one of these Chapters provides an automatic stay of execution (halts the legal proceeding) against all foreclosure and collection actions until the court has ruled in your bankruptcy case.
If keeping your home is the primary goal, you may reaffirm your intent to continue paying your monthly loan payment under special provisions of the Chapter 7 or Chapter 13 of the bankruptcy code. At the same time, you can eliminate or reduce other debt, such as credit cards, in a Chapter 7 or Chapter 13 filing. Thus, the reduction in payments to creditors often makes it possible to meet your monthly mortgage payment.
If you have questions, contact us today to speak with an attorney who is ready to help you stop the foreclosure of your home.