foreclosure law

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Sometimes we get ourselves into a financial pickle and we are left wondering which is a better option: bankruptcy or mortgage foreclosure? It definitely is not an easy decision to make as there are no clear cut answers.

A foreclosure happens when you are unable to make your monthly home payments. You can stop the foreclosure from happening by simply paying the mortgage lender. The loan for a mortgage is similar to a car loan. If you fail to make your car payments, what happens to the car? It will be repossessed. So the same thing will happen if someone does not pay their mortgage. The bank will foreclose on the house.

If you are really in over your head in debt and you are absolutely in dire straits that you cannot pay off those debts, you have the option to file for bankruptcy. Once you are declared bankrupt, nobody can take civil law action against you, the debtor. Even the mortgage lender is required by law to halt their foreclosure actions. However, the mortgage lender will respond by filing for relief from the stay. Once they are granted relief, the foreclosure proceedings will continue. In other words, bankruptcy doesn't really stop a foreclosure entirely. It will still go forward and if you want to keep your home, you still have to pay for it. The only way bankruptcy helps is to slow down the inevitable process.

In some instances, bankruptcy can be used to prevent a foreclosure. How? Well, it buys you some time to source for money to repay the mortgage lender. You are also given an easier way to make the payments. As mentioned before, mortgage lenders have to temporarily cease a foreclosure action when you declare bankruptcy. This additional time is your opportunity to raise money to pay the lender. Plus, when you are bankrupt, you are freed from other debts. This means you have additional funds now to channel towards your mortgage payment. A chapter 13 bankruptcy is a court ordered payment plan which allows you to payoff your overdue mortgage through several payments.

However, there is no guarantee that you will qualify for bankruptcy. Not everyone who files for it will get it. And if you do, be prepared to be slapped with large legal fees. The legal fees can be so high that it may very well exceed your outstanding mortgage payment. If you think that bankruptcy may help you stop or avoid foreclosure, counsel with a licensed lawyer. Don't try to wade through all these legal stuff alone as it is quite complicated. What we discuss in this article is merely a general guide. Get more details by seeking out a licensed lawyer near you.