Stop Foreclosure with Bankruptcy
Filing can stop a foreclosure sale and give you time to catch up on your mortgage.
Overview of Bankruptcy and Foreclosure
Facing foreclosure can be overwhelming, threatening your home and your financial stability. Bankruptcy can stop foreclosure, protect your property, and give you time to explore long-term solutions.
When a bankruptcy case is filed, an automatic stay goes into effect immediately. This stay prevents creditors, including mortgage lenders, from proceeding with foreclosure, filing lawsuits, or taking other collection actions while your case is active.
Timing matters. Filing before a sale date generally provides the most options. Chapter 13 is often the path for homeowners who want to keep the house and catch up; Chapter 7 can pause a foreclosure while you evaluate next steps, but it does not typically allow long-term repayment of missed mortgage payments.
Why Mezher Law
Our goal is not just to stop foreclosure temporarily.
- We help you protect your home whenever possible and establish a clear path forward for lasting financial stability.
Chapter 13 is a long-term plan. We design it around catching up on the mortgage while the stay keeps the sale from going forward.
Chapter 7 & Foreclosure
In Chapter 7, the automatic stay can temporarily halt foreclosure and give you time to evaluate your options. Chapter 7 does not typically allow long-term repayment of missed mortgage payments. If you want to keep your home, Chapter 13 may be a better choice.
A Chapter 7 filing can still discharge qualifying unsecured debt and stop other collection while the case proceeds. Whether you keep the house still depends on exemptions, whether you are current, and whether a longer plan is needed to cure arrears.
Chapter 13 & Foreclosure
Chapter 13 is often used by homeowners facing foreclosure. Through a court-approved repayment plan, you can catch up on past-due mortgage payments over three to five years, stop foreclosure, and protect your home while addressing other debts.
In most cases, bankruptcy cannot reduce your mortgage principal or interest. Chapter 13 can restructure arrears and allow you to pay them over time, which can help you avoid foreclosure. The automatic stay can remain in place for the full plan so long as payments are made.
- Catch up on past-due mortgage payments over three to five years
- Stop foreclosure and prevent the sale of your home
- Potentially modify certain mortgage terms depending on the circumstances
- Protect your home while addressing other debts
Benefits of Filing When a Home Is in Foreclosure
The filing of the bankruptcy gives homeowners time and protection while a longer-term plan is put in place. Our goal is not just to stop foreclosure temporarily. We aim to help you regain control of your finances and keep your home whenever possible.
Bankruptcy will impact your credit score, but it may be less damaging than foreclosure alone. Stopping foreclosure and reorganizing your debt can help you rebuild credit over time.
What to Do Before a Sale Date
Talk with us before the sale. Share the property, the lender, and the timeline. We will explain whether Chapter 13, Chapter 7, or another path fits, then prepare the petition and, when needed, a Chapter 13 plan.
Once the case is filed, the automatic stay takes effect immediately and continues while the case is active. We attend the meeting of creditors with you and stay with the matter through the plan or discharge.
Looking for a Bankruptcy & Foreclosure Attorney Near You?
Call or message us to talk through your finances and options.
FAQs
In most cases, bankruptcy cannot reduce your mortgage principal or interest. However, Chapter 13 can restructure arrears and allow you to pay them over time, which can help you avoid foreclosure.
The automatic stay takes effect immediately upon filing and continues while the bankruptcy case is active. In Chapter 13, the stay can remain in place for the full three- to five-year repayment plan.
Bankruptcy will impact your credit score, but it may be less damaging than foreclosure alone. Stopping foreclosure and reorganizing your debt can help you rebuild credit over time.
If you want to keep your home and catch up on missed payments, Chapter 13 is often the better choice. Chapter 7 can temporarily halt foreclosure but does not typically allow long-term repayment of mortgage arrears.
Timing matters. Filing generally provides the most options before a sale date. Talk with us as soon as a foreclosure is pending so the stay can take effect in time.
Testimonials & Results
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What to Expect
Here is how working with Mezher Law typically moves forward on a bankruptcy matter:
Step 1
Call before the sale
Share the property, the lender, and the sale date. We will identify whether Chapter 13, Chapter 7, or another path can stop the foreclosure in time.
Step 2
We prepare the petition
You provide documents. We prepare the filing and, when you need to catch up on the mortgage, a Chapter 13 plan, then meet with you to review and sign.
Step 3
File and follow through
The case is filed in federal court. The automatic stay can stop the sale while we stay with the matter through the plan or discharge.