Beaumont Foreclosure Defense Lawyer

Learn How to Stop Foreclosure in Texas – Call 409.234.1490

When you are behind on your house or mortgage payments, the bank will eventually come around to collect or foreclose your home. Do not wait for them to act – take the initiative yourself by obtaining legal counsel from Maida Law Firm, P.C. Our Beaumont bankruptcy attorneys understand how to stop foreclosure through various means, including a bankruptcy filing that lets you regain control of your financial situation.

Contact our firm in Beaumont. A secondary Houston office is also available through appointments only.

Filing for Bankruptcy to Keep Your Home

When you file Chapter 7 or Chapter 13 bankruptcy, your creditors must stop all actions to collect the debts you owe, including your mortgage payment. This stoppage to collections is known as an automatic stay, and is widely considered the best advantage of a bankruptcy filing. While an automatic stay is in effect, lenders cannot foreclose on your home, granting you some time and breathing room to get your finances in order.

Other advantages of automatic stays include:

How Your Income Affects Your Foreclosure & Mortgage

If you do not have a current income you may still end up losing your house if you are unable to make the payments. Filing bankruptcy, however, may prevent you from being liable to your mortgage company for any loan deficiencies that may result from foreclosure.

If you have a monthly income, there are some ways in which filing for bankruptcy can help you keep your home. For example, you can obtain a Chapter 7 discharge of unsecured debts, such as credit card and hospital bills. With a successful debt discharge, you may be able to keep up with payments on secured, crucial debts like a mortgage payments. By filing Chapter 13 bankruptcy, you can put mortgage arrearages into your debt repayment plan and pay it off over a three- or five-year period, once again buying you some time to think.

Legal Defenses to Foreclosure May Also Work

Foreclosure is typically easiest to stop, delay, or slow due to a bankruptcy filing. When this is not an option due to your unique financial situation, you may be able to pursue a non-judicial foreclosure review, which involves getting a judge to approve your foreclosure’s stoppage, either permanently or temporarily.

During a non-judicial foreclosure hearing, you may need to show that:

  • Your mortgage terms are unreasonable.
  • You are an active duty service member.
  • Foreclosing bank violated state laws or processes.
  • Foreclosing bank does not actually own the mortgage.

Success in a non-judicial foreclosure hearing depends greatly on your preparation, the concrete evidence that you can obtain and use to your advantage, and the how well your argument is crafted. Call 409.234.1490 to speak to our Beaumont bankruptcy lawyers if you have any questions about foreclosure defenses.

Contact Our Houston & Beaumont Foreclosure Attorneys Today

If you are facing foreclosure, waiting too long to take action could prove to be too late to save your property. Talk to a Beaumont bankruptcy attorney today from our firm to get the foreclosure defense you require and deserve. Contact Maida Law Firm, P.C. at your earliest opportunity to learn how our compassionate and knowledgeable team can be of assistance.

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