Stop Foreclosure

Stop Foreclosure  Attorneys in Atlanta, GeorgiaIn Georgia, banks foreclose on homes on the first Tuesday of every month, and you can file Chapter 7 and Chapter 13 bankruptcy to stop a foreclosure in Georgia. You may wonder how to stop a foreclosure with bankruptcy. When a debtor files a Chapter 7 or Chapter 13 bankruptcy case, a bankruptcy “stay” is issued by the bankruptcy court. That simply means that all creditors are stopped, via a court order, from taking any collections actions against a debtor in bankruptcy. If your mortgage company has scheduled foreclosure on your property in Georgia, you can file bankruptcy to initiate the stay and stop the foreclosure.

Under Georgia law, the mortgage company is required to send certified notice of the foreclosure date and then advertise the foreclosure sale in a legal newspaper for four weeks prior to foreclosing on your property.

When you file bankruptcy, your Atlanta, Georgia bankruptcy attorney will notify the attorney for the mortgage company that you have filed bankruptcy to stop the foreclosure on your home. The mortgage company will cancel the sale. If you are under the threat of foreclosure and wish to file bankruptcy to stop the foreclosure, you should contact our attorneys as soon as possible in order to ensure that the mortgage company has sufficient notice to stop the foreclosure on a timely basis after you file bankruptcy.

After your foreclosure is stopped, you have the option of catching up on past due payments on your mortgage in order to keep your home in a Chapter 7. In a Chapter 13, you can consolidate past due payments on your mortgage and other debts into monthly payments and keep you home. You will still have the option of seeking a modification of your loan with the mortgage company. When consulting with Law Offices of Charles Clapp to stop a foreclosure, you should bring documents such as the foreclosure letter from the mortgage company, your most recent tax return, and your current income information. If you have any further questions about stopping foreclosure in Georgia, please call Law Offices of Charles Clapp at (404) 585-0040 for a free consultation with any attorney.