Ballenger Creek Foreclosure Defense Lawyer
Dedicated Foreclosure Defense Attorney for Clients in Ballenger Creek, Maryland
If you fall too far behind on mortgage payments, your lender may threaten you with foreclosure on your home. This can put immense pressure on you even if you do not have the means to pay off your arrears right away. However, you may still have options to get your finances in order without giving up your home. If you need help protecting your home, consider working with a Ballenger Creek, Maryland foreclosure defense attorney.
At The Law Office of Donald L. Bell, we pride ourselves on providing clients with dedicated, hands-on legal representation. Attorney Donald Bell has decades of experience, and his knowledge of bankruptcy law allows him to explore creative solutions to protect homeowners.
Should You File for Chapter 13 Bankruptcy When Foreclosure Is Imminent?
Filing for Chapter 13 bankruptcy when foreclosure is imminent can be a smart move for homeowners in Ballenger Creek who want to keep their homes. If your lender has already scheduled a sale, waiting even a few days could cost you the chance to save the property. A Chapter 13 filing can pause the sale and give you time to work through a plan to catch up on what you owe.
That said, Chapter 13 is not the right answer for every homeowner. The plan requires you to make your regular mortgage payment plus an added amount toward the arrears each month. If your income cannot support both, the case may be dismissed later, and the foreclosure can pick up where it left off. Some homeowners decide that selling the home or negotiating with the lender is a better fit for their situation.
What Does the Automatic Stay Do During Foreclosure Proceedings?
The automatic stay stops most collection activity against you during foreclosure proceedings. Once your bankruptcy case is filed, your lender generally cannot continue with a foreclosure sale, file new court papers, or contact you to demand payment. The same protection applies to most of your other creditors, including credit card companies and collection agencies.
It is important to understand what the stay does not do. It does not erase your mortgage debt or the missed payments you owe. Interest and other charges allowed under your loan may continue to build. The stay simply freezes collection efforts while the bankruptcy court reviews your case and your repayment plan.
Lenders sometimes ask the court to lift the stay. A lender might argue that you have no equity in the home or that you have missed payments since filing. If the court grants the request, the foreclosure may resume. A creditor that ignores the stay entirely can face penalties, and you may be able to recover damages for the violation.
How We Can Help You Create A Chapter 13 Repayment Plan
Creating a Chapter 13 repayment plan with our help involves a close look at your income, your household expenses, and every debt you owe. The first task is confirming the exact amount of your mortgage arrears, including any fees your lender has added. From there, we build a monthly payment that covers those arrears along with other debts that must be paid through the plan.
Your plan also has to account for everyday life. Groceries, utilities, insurance, car payments, and childcare all need room in your budget. A plan that looks good on paper but leaves you short each month is unlikely to succeed over three to five years. Our goal is a payment you can actually keep up with.
After the plan is filed, the trustee or a creditor may raise objections. We can respond to those concerns and revise the plan when needed to move it toward approval.
Contact Our Ballenger Creek, MD Foreclosure Defense Attorney
Getting a foreclosure notice can make it feel like your home is already gone, but you may still have time to act. At The Law Office of Donald L. Bell, we work with Frederick County homeowners to understand their options and pursue a plan that protects the place they call home. Free consultations are available for consumer cases. Contact our Ballenger Creek, Maryland foreclosure defense lawyer or call 301-614-0535 today.




