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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Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.

Donna

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Shernita

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I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.

Scott

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