They are selling my home next week – What can I do in order to stop the foreclosure process?

The foreclosure process in the state of Florida is different from other states, and it can take only 37 days before your home is foreclosed on. If you are going through a foreclosure emergency where your home is about to be sold on the steps of your local area courthouse, you should hire the services of an attorney immediately. Never rely on the promises to work things out with you from your mortgage company or a foreclosure prevention firm (that you may have heard or seen advertisements about).

Foreclosure emergencies are best handled with the legal assistance of an experienced law firm such as Clark & Washington. We know how to deal with the foreclosure process and how to stop it. Keep in mind that if your home is about to be sold within a week, you need to take immediate action if you don’t want to lose your investment. If you are in a situation where you obviously cannot produce the funds to pay your mortgage off; your best option may be to file Chapter 13 bankruptcy.

The foreclosure process is stopped by filing Chapter 13. It creates what is called an “automatic stay” against all collection actions performed by creditors inclusive of foreclosure proceedings, repossession activities, or wage garnishments. The core of the protection aspect of bankruptcy filings is the automatic stay. Additionally, judges typically take a very firm stand in order to protect the bankruptcy stay’s integrity. Filing Chapter 13 provides the homeowner with an automatic and immediate stop to the entire foreclosure process.

The moment your Chapter 13 case is filed, that automatic stay takes effect and stops the foreclosure process, even if your home is about to be sold in the next 10 or 15 minutes. In addition, this is also true even if your lender or Mortgage Company is unaware of your filing. And they are required to abide by this. So if they have continued taking adverse action, the judge in your case will mandate that they undo any and all proceedings and will probably allow the lender a few days to do so.

Clark & Washington specializes in bankruptcy proceedings and can assist you with your current circumstances. Please feel free to contact us for further assistance and to answer any questions that you may have regarding stopping the foreclosure process and saving your home from being sold out from under you.