Duck and cover or file chapter 13 to stop foreclosure
Posted By Malaise Law Firm on Jul 14, 2009 12:02pm PDT
In the State of Texas normally the first Tuesday of each month is the designated date to have your house sold or foreclosed upon. Before that arrival date, you will receive correspondence from your mortgage company dictating that your are in default of your mortgage and ways to cure the default to avoid the foreclosure. You can call family, friends and long lost relatives but the most effective way to avoid the foreclosure of your home is the possibility of filing a chapter 13 under the U.S. Bankruptcy Code. How is this possible? When an individual(s) files a chapter 13 bankruptcy the "automatic stay" will go into effect immediately. The "stay" is the legal remedy to prevent the sale of your home. As an extra bonus, your mortgage company can longer have any contact with you but through your legal representative. In Fort Worth an Dallas, the mortgage company is permitted to send you the regular monthly billing statement because you must continue making your regular monthly mortgage payments in a timely fashion after you file chapter 13 in Fort Worth or Dallas. It gets better, you may be able to repay the arrears of your mortgage payments either in a minimum of three (3) years or up to a maximum of five (5) years dependent upon certain factors of your case.