Question: My bank won't do a mortgage modification and today a got a foreclosure notice. I need to stop the foreclosure. I don't want the bank taking the house.
I just got another job so now I can make my mortgage payments. I'm behind about 6 months and the bank won't take a partial payment because they want me to pay the mortgage arrears. With the new job, I can make the payments moving forward.
I got into trouble because I started my own business and I quit my job. The business started off well, but then it fell. The sales aren't strong enough to keep it going.
So now I'm looking to explore my options for saving the house. I'll pretty much do anything I can to stop the bank from taking it.
My wife doesn't know that we're behind on the mortgage and she thinks everything is alright financially. She doesn't know how close we are to losing it. When I tell her she'll be upset, that's for sure.
What are my options for keeping the home?
D.C. in Sandy Springs, GA
Answer: Since the bank won't do a mortgage modification, the only way to prevent a foreclosure is to file bankruptcy. A chapter 13 bankruptcy will allow you to keep your residence. Through a chapter 13, you can pay-off the six months of mortgage arrears over the next 5 years. That's how a bankruptcy filing helps so many homeowners who are late on their mortgage.
All you need to do is to keep your mortgage current after we file. You will pay-off all the arrears through the bankruptcy. That will enable you to keep the house; the bank can't legally foreclose on you.
Once we file your case and get a case number, the foreclosure action must stop. The bank must halt its foreclosure proceedings immediately. We have helped many Georgia homeowners battle and stop a planned foreclosure.
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