Stopping Home Foreclosure through Bankruptcy
Many consumers are new home owners because of lax lending rules in recent years, and because of non-conventional loan schemes, including zero-interest, zero-down loans. The bad economy has left many new home owners wondering how bankruptcy will affect their mortgage and their ability to keep their homes. Bankruptcy offers a way to stop the foreclosure sale and to retain your property, even over the foreclosing creditor's objection!
Facing a foreclosure is something that they never imagined would happen. For them, and perhaps you, the foreclosure is often the result of circumstances beyond their control, such as temporary loss of a job or an illness. An obvious solution to the foreclosure may be to sell the property before the date of the foreclosure sale. However, it is often not possible to conclude the sale before the date of foreclosure. Plus, most people want to keep their home and find a way to get caught up on their payments.
You may be able to stop or avoid home foreclosure and keep your home by filing a Chapter 13 bankruptcy. The Portland, Oregon bankruptcy attorneys of Baxter & Baxter, LLP, can advise you on whether you should file for bankruptcy, and whether Chapter 13 bankruptcy is right for you.
Foreclosures under Chapter 13 Bankruptcy
In a Chapter 13 bankruptcy, the court enters an order creating a repayment program. The Plan lets the debtor pay off the arrearage, including late payments over the length of a repayment plan, usually three to five years in some cases. The benefit of filing for Chapter 13 bankruptcy is that the home owner gets to keep their home and get current on the mortgage over time.
A Chapter 13 bankruptcy may also help you eliminate the payments on your second or third mortgage altogether. Unlike your first mortgage, which is secured by the property and the value of the property, you may no longer have any equity with which to secure the subordinate mortgages. Under those circumstances, the court may "strip off" the second and third mortgages and recategorize them as unsecured debt. Under Chapter 13 of the bankruptcy code, unsecuritized debt takes last priority and often does not have to be paid back at all.
Foreclosures under Chapter 7 Bankruptcy
If you do not have sufficient income after your bankruptcy to qualify for a repayment plan, it may be necessary to petition for a total liquidation under Chapter 7. If you are not able to afford your mortgage payment after your bankruptcy (for example in the case of death, divorce, or long-term unemployment), the debtor can surrender the property back to the lender. If you are filing for Chapter 7 bankruptcy, the final discharge order will at least discharge the debt, including the deficiency. In some cases, it is possible to reaffirm a mortgage, but at the close of the bankruptcy case, the debtor must immediately get current on the arrearage, including late payments and charges; otherwise the lender can start a new foreclosure proceeding.
The Portland bankruptcy lawyers of Baxter & Baxter, LLP, offer competitive rates, and we can work with you to move swiftly to avoid home foreclosures. For a free consultation with a Portland, Oregon bankruptcy lawyer, call (503) 297-9031 today!
This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The Portland, Oregon bankruptcy attorneys and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.
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When the financial troubles of life come your way, and the creditors won’t stop calling, bankruptcy could be the right choice for you, bankruptcy will not ruin you like the debt consolidation programs often claim. It could be a fresh start provided to you by the government. After bankruptcy it could only take 2 years to rebuild your credit and get you back on track. Our law offices can help you choose your best options and get you on the road to financial recovery Discover the advantages of bankruptcy before making your next move.
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Portland, Oregon Bankruptcy Law Offices
The Portland, Oregon bankruptcy attorneys of Baxter & Baxter, LLP have offices in SW Portland, and represent consumers in Beaverton, Tigard, Hillsboro, Aloha, Tualatin, and other cities. If you would like a free consultation with an Oregon bankruptcy lawyer, call (503) 297-9031 today!
Baxter & Baxter, LLP | Portland, Oregon Bankruptcy Attorneys
Vancouver, Washington Bankruptcy Law Offices
The Vancouver, Washington bankruptcy attorneys of Baxter & Baxter, LLP have offices in SW Washington, and represent consumers in Vancouver, Clark County, and Cowlitz County. If you would like a free consultation with an Oregon bankruptcy lawyer, call (360) 574-5239 today!
Baxter & Baxter, LLP | Vancouver, WA Bankruptcy Attorneys
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