Your home is likely your biggest asset and provides a source of comfort and security. Financial strain can make it difficult to make regular mortgage payments and expose you to risk of foreclosure. You don't have to lose your home due to the burden of financial debt. You have options!
Both Chapter 7 and Chapter 13 bankruptcy have provisions for keeping your home, provided the foreclosure sale date has not passed. Each type of bankruptcy has its own advantages and limitations. An experienced bankruptcy lawyer can help you make an informed decision as to which bankruptcy is right for you.
Stop Foreclosure with Chapter 13 Bankruptcy
Under Chapter 13 bankruptcy, the mortgage company is forced to stop all foreclosure activity and your home cannot be taken from you. This type of bankruptcy affords you the ability to pay your mortgage arrears (past due, including interest and late fees up to the date of the bankruptcy filing) at 0% interest rate over a period of 36 to 60 months. Additionally, the mortgage company cannot add any additional late fees after the bankruptcy has been filed.
Stop Foreclosure with Chapter 7 Bankrutpcy
Under Chapter 7 bankruptcy, you may keep your home by meeting certain requirements and signing a reaffirmation agreement. A reaffirmation agreement promises you will continue to pay the mortgage loan after the bankruptcy has been filed. Chapter 7 bankruptcy also protects you from late fees and similar penalties, similar to Chapter 13 bankruptcy.
There are many factors in deciding which type of bankruptcy is best for your unique circumstances. Schedule a FREE Consultation with bankruptcy attorney J.D. Graham to learn how the law can protect you. Simply use the form below or call an office near you.