Chapter 13 Foreclosure Lawyer
Many people have missed a mortgage payment at some point in their lives. The loss of a job, unexpected bills, medical emergencies, and other unplanned expenses can easily put a person behind financially. However, when you receive a foreclosure notice, your whole world can feel like it’s crumbling.
At the Sasser Law Firm, our knowledgeable attorneys understand the stress you are under. As board-certified North Carolina bankruptcy attorneys, we have helped countless families save their homes through the Chapter 13 process or let go of their property and opt to start fresh with a Chapter 7 filing. We are also available to explain foreclosure alternatives such as short sales, mortgage loan forbearance, and deeds in lieu of foreclosure.
Our experienced foreclosure attorneys provide straightforward advice with no pressure. We know this is a big decision, and we want you to do what makes sense for you and your family. Our firm offers free consultations where you can talk through your options and make a plan that best fits your goals. Contact us now to learn how we may be able to help.
How Can Bankruptcy Stop Foreclosure?
Filing for bankruptcy initiates an “automatic stay” that stops the foreclosure process temporarily. In general, people who want to keep their homes file for Chapter 13 bankruptcy, which provides protection from creditors while they develop a proposed repayment plan for debts, including their mortgage.
Filing for Chapter 13 reorganization can help a debtor:
- Cure mortgage arrears over time. As part of your Chapter 13 repayment plan, you will include repayment of any past-due mortgage payments, stretched over the course of five years in most cases. However, you will also need to make your current mortgage payments during that time, as well. This typically means sticking to a strict budget, but if you successfully complete your Chapter 13 repayment plan, you will have saved your home from foreclosure.
- Resume regular payments on the mortgage. When the foreclosure process is initiated, the debtor typically stops making payments. When you initiate bankruptcy proceedings, though, you will resume regular mortgage payments while you make arrangements for paying arrears and other household debts.
- Eliminate second and third mortgage payments. If the value in your home is only enough to secure your first mortgage, then additional mortgages (including home equity lines of credit) may no longer be secured by leftover equity. If this is the case, these junior mortgages are classified as unsecured debt and can be “stripped.” This means you may no longer have to pay them if the debt is discharged as part of the Bankruptcy Court process.
Filing for bankruptcy isn’t the right move in every situation. However, if you have fallen behind on your mortgage and have received a notice of foreclosure, you need to seek experienced legal advice as soon as possible.
Because the foreclosure process can take a while, some homeowners feel content to wait until the last minute to file for bankruptcy. Unfortunately, this can cost you more money in the long run because you will be further behind on payments that must be made up, and the lender will want to recoup any money it has spent pursuing the foreclosure so far.
Why Consider Chapter 7 Bankruptcy If You Are Facing Foreclosure?
Although Chapter 13 provides an option for saving your home, Chapter 7 provides an option for delaying the foreclosure but eventually letting the home be sold off. Reasons you may want to consider Chapter 7 if you are facing a foreclosure include:
- You know you can’t afford to keep the home, but you need time to make other arrangements. Filing for Chapter 7 also places an automatic stay on foreclosure actions. This may give you more time to get your affairs in order while you find new housing. How long the delay lasts can typically range from two to four months.
- You owe more than your property is worth. If your lender sells your house for less than what you owe on it, there will be a deficiency balance that the bank will pursue from you. Filing for Chapter 7 can allow a discharge of that balance, meaning you are no longer responsible for paying it.
- You want to start with a clean slate. Chapter 7, also known as liquidation, involves the selling of your assets (including your home) to pay off your debts. In the end, many of your remaining debts can be discharged, or forgiven, allowing you to start over financially.
Foreclosure and bankruptcy are both complicated and stressful processes. It is always helpful to talk to a knowledgeable attorney about your options before making any life-changing financial decisions. Contact us today for a free consultation.
Can You Get Your Home Back If It Has Already Been Sold in Foreclosure?
North Carolina does allow a 10-day redemption period during which a homeowner may be able to reverse a foreclosure sale. If your home has just been sold as part of a foreclosure, you should speak with our knowledgeable bankruptcy attorneys immediately about your options for filing an emergency petition.
Talk to Our Experienced North Carolina Foreclosure Lawyers Today
At the Sasser Law Firm, every person who comes to us for foreclosure help speaks directly with a seasoned attorney, not a paralegal or an assistant. We understand how devastating the prospect of losing your home can be, and we are sensitive to the emotions you are going through. If you have received a notice of foreclosure, our team will quickly assess your situation and take emergency action if needed.
Schedule a free and confidential consultation with our compassionate mortgage foreclosure attorneys today to talk about how our team may be able to help you. Our dedicated law firm serves individuals, families, and businesses throughout North Carolina, including in Wake, Harnett, Johnston, Durham, Orange, Granville, Vance, Franklin, Warren, Nash, Lee, Chatham, and Moore counties.