If you miss a few mortgage payments while you are in Chapter 13 in the Northern District of Georgia, the attorneys for the mortgage company will file a Motion for Relief against you. They will charge you approximately $800 for filing this motion. Generally, we can work out a deal with them to put their attorney fees into your Chapter 13 plan and spread out the missed payments over six months. If this is not feasible, the motion will be granted and your house will be foreclosed.
You must keep proof of all mortgage payments you make. If you don’t have proof of the payment, you may get stuck having to make it again.
Call me if you have any questions.
The answer to “when will the house be foreclosed on in Georgia” is that it depends on your mortgage company. Some companies move really fast. Other take up a year before they get around to finally conducting the foreclosure sale in Georgia.
Here is what the mortgage company must do in Georgia to foreclose on your house. First, they must advertise your house for four weeks prior to the foreclosure date. In all likelihood, you will receive a flood of advertisements once your house is being advertised. Pay attention to the mail you receive. A few months ago, I met with a man that lived in Hiram Georgia whose wife was hiding the mail from him. She was so stressed out that she did not open the mail. As a result, their house got foreclosed and they didn’t even know it! Read your mail!
Normally, foreclosures are conducted the first Tuesday of each month. Holidays can mess up this general rule. If you are in the middle of the month and your house is not being advertised in the legal organ of your county, you have at least forty days before the foreclosure can take place because the mortgage company will have to wait until next month to begin to advertise your house.
Second, the mortgage company is required to send you notification of the foreclosure You should have at least four weeks notice of the foreclosure date. Notice to you is generally accomplished by sending you a certified letter. When the mailman shows up to your house and leaves that green sticky thing on your door, don’t ignore it. Drive to your local Georgia Post Office and get that letter so that you know what is coming down the pipe.
Chapter 13 can stop the foreclosure and save your house. Take advantage of a free consultation and meet with a bankruptcy attorney.
Other Posts:
1. What is Chapter 13?
2. What is Chapter 7?
3. How much does it cost to file?
4. Stop Garnishment
5. Stop Foreclosure
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 credit card debt and medical debt in your Chapter 13 plan. Making your mortgage payments will be much easier once we remove the burden of credit card and medical debt.
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 the foreclosure Nothing got worked out, and they lost their home. Ask yourself this question, “If the mortgage is willing to work with me, why did they file the foreclosure action against me in the first place?” If your mortgage company says they are going to call off the foreclosure, GET IT IN WRITING before the foreclosure date. If you are considering Chapter 13 to the stop the foreclosure, call me today at 888-832-8249 for your free consultation. We need time to get your paperwork prepared. Don’t wait until the last second.
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 company directly. You don’t need to pay anyone to help you with any type of loan modification. Go to the Federal Trade Commission website and read all about the foreclosure scams. Call the FTC at 888-HOPE-NOW.
I was speaking with a client from my Dallas GA office a few months ago who was victimized by one these scams. She actually mailed some company in Florida $600 to get her loan renegotiated. This company did absolutely nothing for my client accept take her money. The FTC has really started cracking down hard on these types of scams.
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 mortgage can be put into your Chapter 13 plan.
In my experience, I have seen many clients who have been forced to file either Chapter 13 or Chapter 7 because of a recent divorce. When the household income is cut in half but the household expenses remain the same, paying credit card debt is impossible.
A common post-divorce example is that each spouse is ordered by a divorce judge to pay half of all joint debts. When one person gets into a situation where they can’t pay, the other person often hauls them back into divorce court for a contempt proceeding for not paying the joint debt. Usually the cause of one spouse not paying is a loss of job or new expenses from a new marriage/new family. Contempt proceedings in divorce court may get the nonpaying ex-spouse to come up with funds to avoid going to jail in the short term but the underlying situation does not change. Whatever the cause, the nonpaying ex-spouse cannot pay. This cycle continues until the person who has been paying their side of the debts can no longer afford to pay an attorney to keep hauling the other person into divorce court. After thousands of dollars and heartache, both end up filing bankruptcy.
Couples who are under financial strain should consider bankruptcy before the divorce. It does not cost anything to meet with me and let me analyze your situation. Perhaps the removal of the financial strain might save the marriage?
