Chapter 7 & Foreclosure

If your home is going though foreclosure and you are going through Chapter 7 bankruptcy, there is a way to stop the foreclosure process. It will not be easy and there is a lot of paperwork that has to be done, but it is possible. You may be required to appear in court and meet with your attorney a few times. However, in the end, if you can stop the foreclosure you will be able to stay in your home.

1.  Prepare a petition for Chapter 7 bankruptcy. Get all your documents together, especially ones that have to do with the mortgage. As part of supporting evidence for your case you need to attach the mortgage loan agreement and all amendments.

2.  Put together all paperwork that has to do with this bankruptcy. Legal documents should be in your possession pertaining to the foreclosure of your home. These papers are included with all other documentation that has to do with your Chapter 7 bankruptcy.

3.  Obtain all statements that have to do with credit cards or other accounts at this time. All debts come into play when you go into bankruptcy. The courts need detailed documentation of all debts.

4.  Obtain all current statements that have to do with you bank accounts from all institutions that you may have including pay stubs and current income tax papers. Make sure all your assets and earnings are documented.

5.  Talk to a bankruptcy attorney about professionally doing your paperwork and handling the case. The forms that you need for your bankruptcy can be found online.

6.  Commence with your Chapter 7 bankruptcy proceedings. Put your petition in with the Clerk of the United States Bankruptcy Courts. It is located within the U.S District Court. Remember they do have different clerk’s offices so make sure you go to the right one. Call before you go to make sure you have enough copies of your petition and all required fees.

7.  Send off a copy of the bankruptcy order immediately to the attorney for your mortgage lender. It is a good idea to let the mortgage company know that you are in bankruptcy. An Order for Immediate Stay is what the mortgage company needs in order to stop all foreclosure proceedings.

8.  Attend a meeting of the Chapter 7 bankruptcy of Trustee’s. After filing your bankruptcy you will get a letter informing you of the Trustee’s meeting, this is when any creditors and a representative of the mortgage company will come and make an agreement.

9.  Enter into an agreement with the mortgage lender called a Reaffirmation Agreement. This will allow you to get out of foreclosure and keep your home. You will then start making mortgage payments to the company as stated in the agreement.