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Stop Foreclosure

That’s right, you can stop the bank’s foreclosure sale dead in its tracks! Although not recommended, you can file a bankruptcy petition on the eve of a foreclosure sale and prevent the sale the next day. We recommend not waiting so long but, it still may be done.

Once you file your bankruptcy petition, and notify your bank’s lawyer that you bankruptcy has been initiated, the bank cannot proceed with a foreclosure sale. It becomes illegal for the bank to sell your home. This can buy you some extra time to save your home or to move out of your home under a more dignified time line. It basically takes the control away from the bank.

The only way the bank can resume foreclosure proceedings is to get permission from the Bankruptcy Court to lift the Automatic Stay and proceed with the foreclosure process. In a Chapter 7 Bankruptcy Case, foreclosure can be resumed only with the Bankruptcy Court’s permission and only if you are unable to bring the loan current within a reasonable amount of time. For example, if you are $3,000 past due, you will need to come up with that arrearage within a reasonable time and resume making your normal monthly payments.

In a Chapter 13 Bankruptcy case, you can take as long as five years to bring the arrearage current. However, you will have to resume the regular monthly payments on your home usually within 30 days. For example, if you are $7,000.00 in arrears, you can pay that amount spread out over the next 60 months at the rate of $116.67 per month. You would pay that amount, $116.67 per month in addition to your regular monthly payment.