If you received a foreclosure notice from your mortgage company, you may still be able to save your home by filing for Chapter 13 bankruptcy. Every state is different; this information applies to Texas.
Chapter 13 Stops the Foreclosure Sale
When you file for Chapter 13 bankruptcy, your mortgage company is prohibited from conducting the foreclosure sale – even if the bankruptcy is filed only minutes before the sale!
Chapter 13 Allows You to Catch Up on Your Missed Mortgage Payments
In addition to stopping the foreclosure sale, Chapter 13 bankruptcy also gives you the opportunity to cure your mortgage default and save your home. In a Chapter 13, YOU get to dictate the terms of how and when you “catch up” on missed payments. You don’t have to have all the missed payments in 30, 60, 90 days . . . a Chapter 13 Plan can take up to 5 years. You stay in your home while you work your way back to being current on your mortgage.
Chapter 13 Addresses ALL Your Debt
If your home is in foreclosure, you may have other problems with debt. A Chapter 13 will resolve all your debt – but in a sensible, structured manner. Your debts are prioritized; your home and vehicles are much more important than some old utility bill or credit card. And your Chapter 13 Plan will pay off the important debts FIRST.
The information contained on this page is a general summary and there may be exceptions or additional requirements that apply in an individual case. Information is given for demonstrative purposes only and should not be relied on without consulting an attorney. Specific advice can only be given by an attorney who is familiar with facts pertinent to a specific case. Communications in the context of this page shall not be construed to form an attorney-client relationship. Certain aspects of bankruptcy are state specific.
