How do I know if chapter 13 is the best option to stop forclosure?

Asked over 1 year ago - Portland, OR

bank refuses any workout program for a loan modification, they notified us that they are strting a forclosure on our property

Attorney answers (7)

  1. Kent Anderson

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . The better question is: "What alternatives do I have to stop a foreclosure?" The answer is not many. If it is a judicial foreclosure your rights may be impacted in as little as 30 days after the complaint has been served on you. If you hire an attorney skilled in these matters they may be able to interpose a defense on your behalf. However, defense in state court is expensive and not always effective.

    While Chapter 13 is not a perfect solution, and if your property is your home it will not permit you to modify the terms of the loan without consent from your lender, it will accord you another opportunity to attempt another loan modification if the first did not succeed. In addition, if you have sufficient income to do so, you may be able to cure the default in payment that prompted the foreclosure over as long as 60 months in equal installments.

    This answer is of a general nature and is not intended as legal advice. The fact that I have responded to your... more
  2. Scott Martin Hutchinson

    Contributor Level 7

    1

    Lawyer agrees

    1

    Answered . Chapter 13 bankruptcy is often an excellent way to stop foreclosure. The Chapter 13 bankruptcy will stop the foreclosure immediately upon the bankruptcy filing and then you will be considered current with your payments under the law. The past due amounts of your mortgage payments will be paid through the Chapter 13 payment plan. You still will have to make your regular mortgage payments from the date you file the bankruptcy, but you will not have to worry about paying the past due amounts directly. The past due mortgage delinquency will be paid through the regular chapter 13 plan payments you make to the Chapter 13 Trustee. You will be required to pay all of your mortgage arrears during the life of your Chapter 13 plan.

    In order to get the benefits of Chapter 13 bankruptcy you have to qualify for it. Chapter 13 bankruptcy is not always the best options in all situations, but for a lot of people it is an excellent option. You should schedule a free consultation right away with an experienced bankruptcy lawyer who can help you explore your options. I would be happy to meet with you to discuss your options.

    The answer here does not create an attorney-client relationship. I am licensed in the State of Oregon and... more
  3. Derek R. Caldwell

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Pick up the phone tomorrow and call some local bankruptcy attorneys. Make appointments with a two or three and keep them. Explain your situation and ask questions about what Ch13 can and cannot do. Take relevant information regarding your financial situation. An in person evaluation of your situation will give you a much better idea of what Ch13 can do in your situation than anyone can in responding to a two sentence inquiry on an internet forum. Good luck, I hope you and your attorney can save your home.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  4. Brian Crozier Whitaker

    Contributor Level 17

    2

    Lawyers agree

    Answered . It is difficult to answer that question without knowing your definition of "best", ie., what is your goal ... what do you want to accomplish? Once a sale is pending, some form of BK is the "best" way to stop the sale. A Chapter 13 will give you 3-5 yrs to pay the arrearages that are past due while you keep up the regular payments going forward. But if you are not really interested in saving the house, then a Chapter 7 may be best depending on a number of other factors.

  5. Ted A Troutman

    Pro

    Contributor Level 12

    Answered . You should call an experienced chapter 13 attorney and see what your best option is. Most attorneys that practice bankruptcy will offer a free consultation.

    The answer above is for general information purposes only. You should talk to an attorney to determine your... more
  6. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . Time to sit down with an experienced bankruptcy attorney to discuss your options. Information is power, and you will feel better. I have been handling Ch7 & Ch13 bankruptcies for 26 years. Give me a call.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  7. David B Pittman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree that I think you need to discuss your options with a bankruptcy attorney.

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