Bankruptcy and Foreclosure

Filing can stop the sale. Keeping the home long-term still requires a plan for the loan: stay current, catch up missed payments, or surrender. See Can bankruptcy stop foreclosure? and Chapter 13 and foreclosure.

• Automatic Stay and Foreclosure Sales — Automatic Stay and Foreclosure Sales

  A pending foreclosure is a classic reason to file. If a prior case already let the lender proceed against this house, a new filing may not stop the sale. Tell us about prior cases.

• Can Bankruptcy Stop Foreclosure? — Can Bankruptcy Stop Foreclosure?

  If the foreclosure sale has not been completed, filing can pause the sale. If the sale already happened, bankruptcy rarely undoes it. Catching up the loan usually takes Chapter 13 — not Chapter 7 alone.

• Chapter 13 Bankruptcy and Foreclosure — Chapter 13 Bankruptcy and Foreclosure

  Chapter 13 is the chapter designed to save a home when you are behind. The plan can catch up missed payments over time while you keep making the regular payment. The budget still has to work. Court approval is not automatic.

• Mortgage Arrears in Bankruptcy — Mortgage Arrears in Bankruptcy

  Arrears are more than missed principal and interest. Servicers add fees, inspection costs, and escrow shortages. A Chapter 13 plan has to account for the real number, which often appears on a proof of claim after filing.

• Second Mortgages and Junior Liens in Bankruptcy — Second Mortgages and Junior Liens in Bankruptcy

  A second mortgage or HELOC creates a lien on the property. Discharging personal liability does not, by itself, remove that lien. In the Eleventh Circuit, a wholly unsecured junior lien on a principal residence may be treated as unsecured in a Chapter 13 case when the legal requirements are met. A partially secured homestead mortgage generally cannot be reduced simply to the property’s value, and Chapter 7 generally does not provide the same lien-strip remedy. Property value and lien priority must be established.

We will review sale dates, mortgage statements, and HOA or tax issues and explain whether filing may pause a foreclosure. If Chapter 13 could address missed payments, we will say so. Call or request a free consultation. We cannot promise that a sale will be stopped or that a mortgage will be reinstated.