November 2009

What can I do to save my home?

November 19, 2009

If you have fallen behind on your mortgage payments, Chapter 13 can save your house.  Here is how it works.  We take all of the past due mortgage payments and put them into your Chapter 13 plan.  Most Chapter 13 plans run for three to five years.  If we need to, we can wipe out [...]

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The Mortgage Company Says They Will Work With Me

November 17, 2009

The answer to this question is maybe.  If you have a foreclosure scheduled against you, you should file Chapter 13 to stop the foreclosure and save your home.  I have had so many clients where someone from the mortgage company called and told the homeowner that they would try to work something out to stop [...]

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Watch Out for Foreclosure Scams!

November 16, 2009

If someone tells you to pay them money so that they can “renegotiate your loan,” don’t do it!  There are so many scams.  Take advantage of a free consultation with an attorney and let a bankruptcy attorney review any offers you are considering. If you want a loan modification, you can speak to your mortgage [...]

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Can I keep my house if I file Chapter 13?

November 16, 2009

Yes.  If you file Chapter 13 and are able to continue to make regular monthly mortgage payments, your house cannot be foreclosed on while you are in Chapter 13.   The important question is, “Can you afford your future payments?”  If so, Chapter 13 is a great option for you.  Any past due payments on your [...]

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Bankruptcy – What do I need to bring to my 341 Meeting of Creditors?

November 16, 2009

For both Chapter 7 and Chapter 13 bankruptcy, you should bring to your 341 Meeting of Creditors: 1.  your driver’s license: 2.  your social security card: 3.  Proof of your car insurance: 4.  Proof of your house insurance and: 5.  Proof of your post-petition mortgage payments. If you can’t find your social security card, bring [...]

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Bankruptcy – Should I File If I am Letting the House Go?

November 15, 2009

If you have a first and a second mortgage, you may need to consider bankruptcy even if you are willing to let the house get foreclosed.  For more information on second mortgage issues, please see my prior post. If you have only one mortgage and you don’t have any other debt issues, you probably don’t [...]

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After Foreclosure in Georgia, When Will the Second Mortgage Holder Sue?

November 15, 2009

In Georgia, if you file Chapter 13 bankruptcy or Chapter 7 bankruptcy, the answer is never.  Creditors can’t sue you in a Chapter 13 and a second mortgage holder can be wiped out in a Chapter 7 and a Chapter 13 if you are surrendering the house.  In bankruptcy, the automatic stay protects you from [...]

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