It can be easy to feel helpless when you are unable to keep up with mortgage payments and your lender threatens foreclosure. If foreclosure proceedings have already started, you may feel like you are out of options. With the help of an experienced Glendale foreclosure lawyer, you may be able to stop foreclosure and save your home through bankruptcy and other debt relief strategies.
At The Law Office of Larry P. Karandreas, I work one-on-one with each of my clients to develop a plan that will help them obtain the fresh financial start they need. I have more than 30 years of legal experience and will do everything possible to keep your home in your possession. This may involve filing for bankruptcy, a process that freezes the foreclosure process and gives you a chance to reorganize your finances and discharge other debts.
We were very fortunate to have found Mr. Larry KarandreasJ.R.
Filing for any type of bankruptcy is a major financial decision with significant ramifications, and it should be the last resort option to stopping foreclosure. With that said, bankruptcy can bring foreclosure proceedings to a halt and temporarily prevent the sale of your home.
You should generally only consider filing for bankruptcy to stop foreclosure if you are more than 2 months behind on your mortgage payments. Lending institutions in Arizona cannot move to foreclose immediately, so you should not immediately consider filing if you miss a single payment. Bankruptcy may only be necessary if you will not be able to catch up on payments and your lender refuses to negotiate.
Note that it typically takes between 90 and 120 days from the date of the first missed payment for a lender to facilitate a foreclosure. Ideally, you should begin considering bankruptcy after it becomes clear you will not be able to catch up after 2 months but before a public sale has been scheduled.
When you file for bankruptcy, you will immediately benefit from a court order called the “automatic stay.” The automatic stay protects you from all collection actions for the duration of the bankruptcy – including foreclosure. The order will also stop creditor harassment, wage garnishments, debt-related lawsuits, and repossessions.
While the automatic stay is in effect, you and your family can remain in your home, and creditors cannot come after you for mortgage payments. However, a lender can in some situations file a motion to remove the automatic stay and proceed with the foreclosure. Lenders are generally more likely to pursue this option if a trustee sale has already been scheduled, which is why your timing in filing can be so important.
If you are at risk of losing your home to foreclosure, do not wait to schedule a free initial consultation. Call (623) 254-5505 or contact my firm online today.
Foreclosure in a Chapter 7 Bankruptcy
When you file for Chapter 7 bankruptcy, you effectively state under the process’s rules that you do not currently have the means to pay any of your bills. Exempt assets will be liquidated to partially repay creditors, and once your personal bankruptcy is discharged, you will be released from your obligation to pay unsecured debts.
Though some equity in your home can be exempted from liquidation, Chapter 7 bankruptcy does not ultimately prevent foreclosure on your home. This is because a lien placed on your home will survive bankruptcy-related discharges. Though your lender will not be able to come after you to pay the debt, they can still foreclose the property that secures the lender’s lien. In other words, you should not file for Chapter 7 bankruptcy and expect to keep your home.
Foreclosure in a Chapter 13 Bankruptcy
Chapter 13 bankruptcy allows you to repay all or a portion of your debt under the supervision and protection of the bankruptcy court. Your debts will be reorganized into a single amount paid monthly for a period of 3 to 5 years. In many Chapter 13 bankruptcy filings, there is an opportunity to prevent foreclosure by curing any default in your mortgage agreements over the course of the repayment plan.
To protect your home from foreclosure in a Chapter 13 bankruptcy, you must:
- Resume making mortgage payments after bankruptcy has been filed
- Have sufficient income to pay for basic living expenses, including utilities and insurance
- File a Chapter 13 reorganization plan that encapsulates all mortgage payment arrears and associated late fees due prior to filing
A skilled Glendale foreclosure attorney can assist you with protecting your home when navigating a Chapter 13 bankruptcy. I can leverage my knowledge and decades of experience to help you craft a repayment plan that will meet all necessary standards and keep your home in your possession.
A Bankruptcy Lawyer Who Cares
With an over 90% success rate, Attorney Larry Karandreas takes your case seriously. He personally handles all client correspondence, never overbooks his schedule, and makes sure every client receives his full attention.
Limited Caseload to Ensure Personalized Attention
Attorney Karandreas ensures that his caseload is not overloaded in order to provide top-quality care and attention to each of his clients.
Little to No Money Down on Bankruptcy Filings
We offer as low as $0 down on Ch. 13 filings and as low as $700 on Ch. 7 filings for qualifying cases.
Tax Liability and Foreclosure
Foreclosure can potentially trigger significant tax consequences. Current laws may hold you liable for any debt forgiveness in the form of taxes on that forgiven debt. Filing for bankruptcy can help you avoid this liability.
Any difference between what people owe and what they actually pay before a debt is forgiven is considered “income” in the eyes of the government. Frustratingly, tax laws treat any type of debt forgiveness as a financial benefit, even if it comes at the practical expense of losing your home. In other words, when a foreclosure results in your losing your home, the law still interprets any outstanding, unpaid mortgage debt as “forgiven,” saddling you with an inflated tax bill.
Filing for bankruptcy before a foreclosure is finalized can help you avoid this tax burden. You may also be able to qualify for tax relief in these situations if you can demonstrate that you are technically insolvent under the tax code.
At The Law Office of Larry P. Karandreas, we have assisted countless Arizonans with saving their homes through bankruptcy. As a Glendale foreclosure lawyer, I can determine whether bankruptcy makes sense for you and help you understand your options for addressing and eliminating debt. We are compassionate to the uncertainties and difficulties that come with being unable to keep up with your mortgage payments and will do everything possible to help you keep your home.
We serve clients in Buckeye, Peoria, Phoenix, and Surprise. Call (623) 254-5505 or contact my office online to discuss your options!