Bankruptcy is a scary procedure to undergo, and some wonder if they should simply allow a mortgage foreclosure to take place instead. Few people realize how difficult the choice is to make, or recognize that the decision is not an either/or one. An act of foreclosure can occur when the mortgage lender does not receive the monthly payments they are entitled to.
Paying the lender is the only true way this action can be prevented. A mortgage loan is sort of like a car loan and if a person does not pay his car payment, he will lose the car through repossession. In a similar vein, if a person is lax in their monthly mortgage payments, they will experience losing their home via foreclosure.
For people who cannot pay their debts, sometimes they file the legal action of bankruptcy. This will put an end to the civil actions being filed against the debtor during the time they are in bankruptcy. This means that the mortgage lender cannot continue through with their legal actions, including a foreclosure.
Once they are granted such relief, they will continue with their legal actions against the home buyer. In other words, no, bankruptcy will not stop foreclosure – the only way to do this is to make payments to your lender. The only thing that bankruptcy can do is slow down the inevitable process.
Occasionally, however, foreclosure is prevented through bankruptcy, as the latter gives person additional time in which to pay the lender and usually makes the paying easier. As bankruptcy makes a mortgage lender temporarily cease a foreclosure action, a debtor has additional time to raise money to pay the lender. The debtor may also have have several of their other debts eliminated due to bankruptcy, so they are able to have additional money available to pay their mortgage. In terms of a chapter 13 bankruptcy, the courts will dictate that the payment of the overdue mortgage needs to be paid through several payments, which will further give the debtor time to pay the lender off.
Of course, there is a good chance that a debtor might not actually be able to file for bankruptcy, as eligibility is an issue, and even if they do qualify, there are legal fees that need to be paid. For some, they may find that the exorbitant fees they are asked to pay are even higher than the payments they were behind on. Anyone considering bankruptcy to prevent foreclosure should discuss it with a lawyer. Bankruptcy is a complicated legal process that should not be handled by yourself alone. The scope of this article is to give you basic information, and if you are wanting more detailed information, you need to speak to a lawyer who is actually licensed in your home region.