Bankruptcy to stop foreclosure is possibly the least-understood and least-desired option for most homeowners, although it can provide them with the last chance they need to be able to save their homes. The drawbacks to bankruptcy are widely discussed and raise serious concerns for foreclosure victims who want to preserve as much of their credit as possible, but this option can also provide homeowners with a last chance that is not present in other solutions to foreclosure.
Bankruptcy can be used to set up a repayment plan that allows the homeowners to repair their credit and get back on track with their debts. Although it is usually an expensive payment plan, homeowners who have repaired their financial situations may be willing to pay more every month to fulfill their mortgage obligations. And once the bankruptcy is completed, homeowners can go back to paying their regular monthly payment without the threat of foreclosure hanging over their heads any longer.
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In foreclosure situations, filing bankruptcy will put the entire foreclosure process on hold, which is very important for homeowners when the situation is getting out of control and they are running out of options at the last minutes. When a foreclosure auction is approaching, and there is no other way to stop the sheriff sale, filing bankruptcy will immediately put everything on hold, including putting off the sale of the property. In certain situations, this is the most important aspect of bankruptcy, as it just allows the homeowners to gain a little more time to put together or complete a more reasonable plan to save their homes.
However, there are also valid reasons why homeowners may want to consider bankruptcy to stop foreclosure as a last resort, rather than as their first line of defense. There are numerous methods that are available to stop foreclosure, and working with an attorney to file bankruptcy may not be the most appropriate solution in every case. Foreclosure situations are always unique, and deserve a serious evaluation to determine the best way to save the home.
Filing bankruptcy can be a complex process that is expensive and may not bring about the desired results, in addition to harming the homeowners' credit. When the homeowners' finances have not sufficiently improved to the point of being able to afford the repayment plan, the bankruptcy is doomed to failure from the very beginning. Foreclosure victims should not agree to a repayment plan that they know will be unmanageable in the long run, because missing a payment in bankruptcy means that the foreclosure process will start back up.
There is also the possibility of running across an unscrupulous bankruptcy attorney who does not act in the best interest of the foreclosure victims. Horror stories abound of homeowners who paid for the bankruptcy to be filed and the attorney simply did nothing with it, resulting in the loss of the home to foreclosure. Other attorneys have been known to advise clients to continually switch from a Chapter 13 to a Chapter 7 and back and forth over and over again, in an effort to have the clients pay substantially more in fees for each new filing. Although the vast majority of attorneys will act in the best interests of their clients, it is important that homeowners be aware of potential scams, even among bankruptcy lawyers.
Thus, bankruptcy is a solution to foreclosure that most homeowners should examine with a reputable attorney, even if it is just to have a last-ditch effort to stop foreclosure on their homes. Foreclosure victims need to be aware of the implications of filing bankruptcy, and do their best to avoid being taken advantage of by a scam, but this option should not be ruled out entirely. Despite its complexity, drawbacks, and potential pitfalls, filing bankruptcy to stop foreclosure may give homeowners that one last chance to put the foreclosure process on hold for just long enough to find a more reasonable solution.
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