Foreclosure Prevention and Bankruptcy Alternatives
Life happens – job loss, reduction of hours, illness, divorce, business setbacks, you name it. Any of these or other unfortunate events can lead to missed mortgage payments and eventually, foreclosure. The mere thought of it is enough to lose sleep over. But there are options! Our attorney at The Law Firm of Alexandra Lopez, P.A can discuss your options.
Refinance or Reinstatement
In Florida, some of the options that may be available to a homeowner on the brink of foreclosure are:
- Reinstatement: a lump sum payment made to the lender to bring the mortgage current (along with applicable fees and costs), as long as this is paid in full prior to the foreclosure sale/auction.
- Refinancing: some borrowers are able to refinance but this is rare and not always advisable.
Bankruptcy: Filing bankruptcy may stop foreclosure by virtue of the automatic stay, giving you peace of mind while you try to resolve your debt without the threat of losing your home or creditor calls. Chapter 13 bankruptcy generally lasts three to five years and allows homeowners in South Florida the following options for saving their home from foreclosure:
Cure and Maintain: while shielded by the bankruptcy automatic stay, homeowners can save their home by catching up on the missed mortgage payments within the Chapter 13 repayment plan. This would require the borrower/homeowner to spread out the missed mortgage payment amount over the life of the bankruptcy case (36 to 60 months) in addition to the regular mortgage payment amount.
Mediated Mortgage Modification (MMM): In South Florida, homeowners may apply for the MMM program through the Chapter 13 bankruptcy case, while making good faith monthly payments based on their income to the lender through the bankruptcy plan while the modification application is being reviewed. Getting rid of unsecured debt in bankruptcy frees up borrowers’ disposable income and debt-to-income ratio, giving them a better chance of getting approved for a modification. If, however, a modification is not granted (or at least not one with favorable terms), the homeowner would have to catch up on the missed mortgage payments (as explained above) in order to keep the home.
Removing Second Mortgages
Additionally, if there are junior liens (such as second mortgages or past due homeowners’ association dues), yet the fair market value of the home is less than the payoff balance of the first mortgage, the junior liens may be eliminated and discharged in the Chapter 13 bankruptcy. Every case is different and certain criteria have to be met.
Contact Me Today
Call 305-874-7301 or schedule online to discuss your options with The Law Firm of Alexandra Lopez, P.A and our attorney will help you determine which option will work best for your specific situation.
We proudly offer bilingual legal services in English and Spanish. Se habla español.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.