QUESTION

Can I file bankruptcy to try to save my house from being foreclosed on or is there anything I can do to save my house?

Asked on Jun 11th, 2013 on Bankruptcy - Florida
More details to this question:
I got slow at work and fell 3 months behind on house payments. I tried to set up a payment plan with mortgage company but the seel to different company. And now the new company won't work with me to set the payment plan up?
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16 ANSWERS

Yes, chapter 13 may help.
Answered on Jun 12th, 2013 at 9:43 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Chapter 13 can be an ideal way to bring past due mortgage payments current because you can take up to 5 years to accomplish this goal and pay $0 interest or penalties on the delinquent past due amount.
Answered on Jun 11th, 2013 at 10:14 PM

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Bankruptcy Attorney serving Beverly Hills, CA
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Chapter 13 bankruptcy allows you to catch up on your back mortgage payments over a 5 year period. If you are faced with an imminent foreclosure sale and talking with your lender is not working, talk to a Certified Specialist in Bankruptcy Law (like me) to see if filing bankruptcy is right for you.
Answered on Jun 11th, 2013 at 10:14 PM

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You can file a bankruptcy and it will stop the foreclosure. If you file a chapter 13, you will pay the arrearages through the plan, and pay the current payments to the mortgage company. If you file a chapter 7, you may also be able to keep the house.
Answered on Jun 11th, 2013 at 9:43 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Most likely you are talking about a chapter 13 bankruptcy. Please understand that bankruptcy is a complicated process; a chapter 13 is extremely complicated. It is wise to talk to an experienced chapter 13 bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works: http://www.dianedrain.com/bankruptcy-for-an-individual/ Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
Answered on Jun 11th, 2013 at 9:41 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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File chapter 13 bankruptcy if possible.
Answered on Jun 11th, 2013 at 1:12 PM

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General Practice Attorney serving Coeur d'Alene, ID at Michael B. McFarland, PA
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Yes, you can file a Chapter 13 (assuming you have an income) which would allow you to catch up the payments over a term of 36 to 60 months. It would need to be filed before a foreclosure sale takes place, however, since bankruptcy can stop a foreclosure, but will not undo one that has already occurred. You should talk to an experienced bankruptcy attorney as soon as possible.
Answered on Jun 11th, 2013 at 1:11 PM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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Chapter 13 is the way to go. The reason you should get an attorney though is because there are many tricks that can be done to make you save the most money (like filing a Chapter 20).
Answered on Jun 11th, 2013 at 1:08 PM

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Debt Settlement Attorney serving Chicago, IL at Law Offices of Daniel J. Winter
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Yes, you can file bankruptcy to catch up on your house payments and save your home. The best type of bankruptcy for this is Chapter 13. It will force the mortgage company to take payments from the bankruptcy court trustee to catch you up on your payments. You should speak to an experienced bankruptcy attorney who does Chapter 13 cases regularly, because this is the ideal situation for a Chapter 13 case to save your home.
Answered on Jun 11th, 2013 at 1:05 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Sounds like a Chapter 13 bankruptcy might be just what you need. See a lawyer, and good luck.
Answered on Jun 11th, 2013 at 1:02 PM

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Sanford M. Martin
If the lender will not negotiate with you, your options are to 1) Accept the terms of the lender; 2) Allow the lender to proceed with foreclosure where you may be able to mediate or renegotiate terms with the lender, but this is seldom successful. Filing a chapter 7 bankruptcy will not help you to negotiate with your lender but will discharge the mortgage debt, allowing the lender to proceed with foreclosure. Check out government programs such as HARP, based on your financial situation, as a possible source of help.
Answered on Jun 11th, 2013 at 1:01 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Yes, this is a proper purpose for filing a Chapter 13 Bankruptcy.
Answered on Jun 11th, 2013 at 1:00 PM

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Deborah F. Bowinski
A chapter 13 bankruptcy would allow you to catch up the missed payments over a longer period of time. You should consult with an experienced chapter 13 attorney since it is extremely difficult to file for chapter 13 relief without competent representation.
Answered on Jun 11th, 2013 at 12:58 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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You will need to file a chapter 13 to catch up on back house payments.
Answered on Jun 11th, 2013 at 12:57 PM

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Bankruptcy Attorney serving Henderson, NV at Jeffrey A. Cogan Chartered, a PLLC
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Yes you can. It would be under Chapter 13 and you can possibly also get a loan modification and get rid of any seconds on the house.
Answered on Jun 11th, 2013 at 12:56 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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Bankruptcy is usually the only option.
Answered on Jun 11th, 2013 at 12:52 PM

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