Stop Home Foreclosures
Santa Rosa bankruptcy attorney Brian Barta explains how
Bankruptcy Attorney Brian Barta > Stop Home Foreclosures
A Bankruptcy Filing Stops Foreclosure
If your mortgage is late and your home is in the foreclosure process, you’ll be relieved to know that the filing of your bankruptcy case legally stops the lender’s right to foreclose. By law, the instant your case is filed the mortgage lender’s right to proceed with a foreclosure sale or auction is suspended – it cannot continue to attempt to collect in any way, shape or form. Your mortgage lender can’t call you, write you, or send monthly invoices or statements.
Postpone Scheduled Sale
Most importantly, the filing of your bankruptcy will postpone any scheduled sale of your property. In fact, foreclosures have been stopped a few hours or even minutes before the scheduled sale by faxing proof of the filing to the auction trustee.
Time To Regroup
Once the foreclosure process is halted by the bankruptcy filing, there are many options for getting a long past-due mortgage current again – modifications and catch up plans are common in bankruptcy.