Can you stop a foreclosure by filing chapter 13?
Chapter 13 bankruptcy provides a powerful remedy to reorganize your debt and get you back on track while allowing you to keep your property. If you are multiple months behind on your mortgage you may be facing foreclosure. Your mortgage company may stop taking payments and might not work out a loan modification agreement with you.
The Bankruptcy Code allows you to propose a Chapter 13 Bankruptcy plan that cures any mortgage arrearage over the course of 3 to 5 years. So if you are months behind on your mortgage, your plan will propose a small catch up payment in addition to your usual mortgage payment. The creditor will be bound by this treatment and cannot opt out or attempt to hard bargain a loan modification.
You must file the Chapter 13 bankruptcy before the foreclosure sale so the automatic stay goes into effect before the property is deemed sold. If you are facing foreclosure in Elizabethton, Johnson City, Kingsport or surrounding areas, seek the help of an affordable bankruptcy attorney and find out about your rights to stop a foreclosure.