Stop Foreclosure and Save Your Home… Don’t Let Your Home Be Sold
Filing for Chapter 13 Bankruptcy will stop a foreclosure. If the Bankruptcy Means Test provides you are eligible to fund a Chapter 13 plan with your disposable income, filing for Chapter 13 Bankruptcy will not only stop a foreclosure, but will allow you to repay your past due payments over a period of 3 to 5 years.
If you are facing foreclosure and need to file for Chapter 13 Bankruptcy to save your home, The Law Offices of R.J.Atkinson may be able to help. As Texas Bankruptcy Lawyers we have helped thousands stop foreclosure in Texas with Chapter 13 Bankruptcy. Contact us for a free bankruptcy evaluation to see how we can help you to stop foreclosure on your Texas home.
Having your home up for foreclosure can be very stressful, and the possibility of losing your home can mean losing all you have worked for. Foreclosure isn’t a matter to take lightly, and neither is filing for bankruptcy. The moment you receive notice of a pending foreclosure, the clock is ticking. It is a countdown to the foreclosure sale, so you should immediately begin examining your bankruptcy and foreclosure options. Foreclosure in Texas happens on the first Tuesday of every month, and the foreclosure sale date is the same everywhere throughout the State of Texas. Whether you live in Austin, Dallas, San Antonio, or Houston, the foreclosure sale takes place on the first Tuesday of the month.
If you are facing foreclosure due to a temporary loss of employment, a medical illness, an increase on an adjustable rate mortgage, property taxes, homeowner’s association dues, or have fallen behind on mortgage payments because of an unexpected financial hardship, you are not alone. Every month in Texas, there are thousands of people just like you, who encountered an unexpected financial setback, and are facing foreclosure of their homes. Many of them will file bankruptcy to stop the foreclosure and keep their homes.
Filing for Chapter 13 or Chapter 7 will stop foreclosure. A Chapter 13 Bankruptcy will allow you to keep your home and repay past due payments over time, while a Chapter 7 Bankruptcy will also stop the foreclosure, but only temporarily. Filing Chapter 7is simply a delay of the foreclosure, which in the end won’t allow you to keep your home. If you decide to file bankruptcy under any chapter under the Bankruptcy Code, the foreclosure sale will be stopped.
In case you're wondering how bankruptcy stops foreclosure and most all other creditors from all collections and legal actions against you, there is a section of the Bankruptcy Code referred to as the automatic stay. The automatic stay is the reason that most people filing bankruptcy actually file. It stops most creditors from any and all legal actions like, lawsuits, garnishments, repossession, collections, and foreclosure. The automatic stay gives the person filing bankruptcy a break in the action against them and time to sort out their financial affairs in reorganization or liquidation depending on what type of bankruptcy they filed. When you file bankruptcy to stop a foreclosure, the stay is enacted the moment you file. The mortgage company doesn’t need to have actual notice of the bankruptcy to be subject to The automatic stay, but proper notice is always good because it can avoid future problems in your case. Should a mortgage company proceed with a foreclosure because they weren’t aware you filed bankruptcy, the foreclosure sale will be considered to be void. However, keep in mind they need to be provided notice in order to avoid problems.
If you file for Chapter 7 Bankruptcy to stop the foreclosure it will only stop foreclosure temporarily since the failure to make ongoing payments or to pay off any mortgage arrears will eventually lift the "automatic stay" thus allowing the foreclosure to proceed. The filing of a Chapter 7 Bankruptcy to stop the foreclosure will simply buy time and eliminate any potential mortgage deficit. Whether you file a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, The automatic stay will stop a foreclosure.
When facing foreclosure on your home, you should get the facts on how to stop the foreclosure before it’s too late. Filing Chapter 13 bankruptcy will stop foreclosure and allow you to repay your past due payments and keep your home. They are many who may try to discourage you such as, your lender, potential investors, mortgage negotiators, or mortgage brokers, because of their own interests. Filing for bankruptcy stops foreclosure.
Contact the Texas Bankruptcy Attorneys at The Law Offices of R.J.Atkinson for a free initial consultation to assess your options to stop foreclosure and to make an informed decision on how to keep your home.
If your home is posted for foreclosure, don’t just ignore it or wait to the last minute to deal with it. If you have questions about filing for Bankruptcy to stop foreclosure, contact the Texas Bankruptcy Lawyers at The Law Offices of R.J.Atkinson for a free initial consultation to discuss your debt relief options. Bankruptcy can stop foreclosure and put you back in control of your finances. With locations in Houston, Texas, Austin, and Dallas The Law Offices of R.J.Atkinson helps Texans stop foreclosure and file for Bankruptcy under the Bankruptcy Code.
Call the Texas Bankruptcy Attorneys: 800-436-9056