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Can The Bankruptcy Court Help Me Save My House?

Posted by William Wolfson | Oct 01, 2022 | 0 Comments

Bankruptcy can stop foreclosure at least temporarily and, perhaps permanently, if you can successfully complete a Chapter 13 repayment plan while making regular mortgage payments.

The Chapter 13 sections of the Bankruptcy Code say that you can try to save your home by filing a Chapter 13 case BEFORE the sale of your home. Here is what the law says about curing a “default” (missed payments) in your mortgage:

a default with respect to, or that gave rise to, a lien on the debtor's principal residence may be cured under paragraph (3) or (5) of subsection (b) until such residence is sold at a foreclosure sale that is conducted in accordance with applicable non-bankruptcy law;

If you have received a foreclosure notice and have not already taken action to hire an experienced bankruptcy or foreclosure lawyer, you should do so well before the foreclosure sale date.

About the Author

William Wolfson

I am a third-generation resident of Hunterdon County, New Jersey. My family has lived and worked here since 1918 when my grandfather bought a farm near Frenchtown. In 1938, he and my uncle started a farm equipment sales and service business. I have lived and worked in Hunterdon County practically...

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