by Reese Evans
Sometimes people have to choose between filing bankruptcy or letting their mortgage lender foreclose on their property. Decision-making is not just a matter of yes or no, it is not that simple. A mortgage lender will file a foreclosure action when the homeowner has not paid his monthly mortgage payments. The best way to prevent this action would be to pay the holder of your mortgage. A mortgage loan can be compared to a car loan which if not paid back on time, the car could go for repossession. The same goes for anyone who has not paid his mortgage, the bank will foreclose on the house.
The definition of bankruptcy is to file legal paperwork to resolve an inability to pay debts. While the debtor is going through bankruptcy, this step puts an end to anyone engaged in civil proceedings. Therefore, according to law, the mortgage lender must stop all legal action (including foreclosure). However, a mortgage lender can file for relief from the automatic stay, and when the relief is granted, simply proceed with the aforementioned action. Declaring bankruptcy will not halt foreclosure and you still must repay your loan. Bankruptcy may make your financial problems easier to handle, but it will not make them completely go away.
While bankruptcy doesn’t mean you don’t have to pay your mortgage, it gives a person time to repay or at least makes it easier to repay a mortgage lender. The debtor has some time in which to come up with the needed funds, because the lender must suspend foreclosure when the debtor has filed for bankruptcy. In addition, because bankruptcy may get rid of certain unsecured debts, the debtor might be able to free up funds that he can use to make up the back mortgage payments.
The last resort for any debtor who is unable to keep up his repayment schedule at the prevailing circumstances, is to declare insolvency or bankruptcy to avoid further consequences. Under such circumstances, the court, based on financial details submitted by the debtor, may permit the debtor to repay the loan over a period of time by designated installments under Chapter 13 of the bankruptcy law.
Sadly, not every person will be eligible for bankruptcy, and even if they are found eligible, there are still legal costs that will need to be paid. The legal costs and fees may be more than the amount needed to catch up and make current mortgage payments. If you are thinking that declaring bankruptcy may benefit your situation and help you get out of a foreclosure, a good lawyer should be able to answer your questions. Bankruptcy is so detailed that you should not try to handle it by yourself.