How do I Stop Home Foreclosure in Georgia?

Stopping a foreclosure in Georgia is often a difficult and frustrating process. In Georgia, banks have foreclosed on homes steadily in the last few years. Unfortunately, even government intervention with foreclosures through HUD counseling and home loan modification have not assisted homeowners with stopping foreclosures in Georgia or anywhere else in the country.

Although HUD has tried to obtain funding to hire counselors to help homeowners stay in their homes, the funding has been cut, and mortgage companies are not funding foreclosure prevention either. Thus, many homeowners who have been working to modify their mortgage loans in Georgia have ultimately faced foreclosure after working with the mortgage companies for months or even years. A last resort solution to stopping a foreclosure in Georgia is to file Chapter 7 or Chapter 13 bankruptcy on the eve of foreclosure.

Bankruptcy, either Chapter 7 or Chapter 13, uses bankruptcy laws to stop foreclosures in Georgia. The filing of a bankruptcy case triggers what is known as an automatic bankruptcy stay, which is a court order that prohibits all creditors, including the mortgage company, from making collections efforts. As long as you file bankruptcy before the scheduled foreclosure day, then the bankruptcy court issues the order requiring all collections activitiies, including foreclosures, to be stopped. In a Chapter 13 case, the bank is required to allow you to catch up on your payments by consolidating the mortgage arrearages into a monthly payment. You and your Georgia bankruptcy attorney can use information about your assets, income, and budget to formulate a repayment plan within the parameters of Georgia and federal bankruptcy laws.

If your house is scheduled for foreclosure in Georgia and you need some advice, please call the Law Offices of Charles Clapp at 404.585.0040 for a consultation with an attorney.


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