Can Foreclosure Be Stopped?

By Brenner Spiller & Archer | March 3, 2021

Being in debt is horrible. You spend sleepless nights trying to figure out which bills to pay and how to pay them. Meanwhile, your mortgage is in arrears and your head is filled with questions like:

• “Will the bank take my home?”
• “Do I have to file for bankruptcy?”
• “Can filing for bankruptcy protection save my home from foreclosure?”

Your home is likely the biggest investment you’ve ever made. It’s the place where you and your family feel safest. But uncontrollable debt is a threat to that security.

The mortgage company wants its payments, and when a homeowner gets into significant arrears, it can be tough to avoid foreclosure. Your fears are justified, but it’s important to know you have options.

So, How Can You Stop Foreclosure and Save Your Home?

To stop the foreclosure of your home, the options include filing for Chapter 13 bankruptcy, debt negotiation/settlement, or obtaining a loan modification.

Chapter 13 Bankruptcy: Also called reorganization bankruptcy, Chapter 13 enables a person to pay back creditors in smaller amounts over a longer period of time (usually three to five years). This includes paying back mortgage arrears and getting current with your loan.

Debt Negotiation/Settlement: In a general sense, this is when you work with your creditors to reduce the total amount owed or restructure your payment plan in your favor. In theory, this is a great option, but it can negatively impact your credit score and it requires an agreement from your debtors to even do it. You’ll definitely need the help of an experienced attorney to try this route.

Loan Modification: In this program, you may be able to restructure your loan and reduce monthly payments. You may also be able to take some of your equity to pay down debt so you avoid bankruptcy.

Contact Us to Help Save Your Home from Foreclosure

You can get through these challenging financial times — we can help. At Brenner Spiller & Archer, we provide friendly, caring, and affordable legal services. We serve clients throughout central and south Jersey with offices in West Berlin, Mount Holly, Vineland, and Freehold. If you need a friendly lawyer who truly cares about you, call (856) 963-5000 today to get your free consultation.