Kettering Foreclosure Defense Attorney

Trusted Foreclosure Defense Lawyer for Clients Based in Kettering, MD

Protecting your home from an imminent foreclosure can be a heavy burden to bear on your own. Pressure from creditors, combined with other sources of debt aside from your mortgage, often strains a homeowner's finances and makes it difficult to catch up on arrears. A Kettering, MD foreclosure defense attorney can review your situation and help you take appropriate action.

At The Law Office of Donald L. Bell, we place great importance on the value of generational wealth through home ownership. When you work with our firm, we will look at your finances to see what options you have to challenge a foreclosure, keeping your best interests at heart from start to finish.

What Is the Right Form of Bankruptcy for Homeowners in Kettering, MD?

The right form of bankruptcy for homeowners in Kettering depends on whether you want to keep your house and how far behind you are on the mortgage. Most individuals choose between Chapter 7 and Chapter 13 bankruptcy. Each one treats your home and your debts in a different way.

Chapter 7 is often called a liquidation bankruptcy. It can wipe out many unsecured debts within a few months. However, it does not give you a way to catch up on missed mortgage payments over time. If you are behind on your loan, your lender may still be able to foreclose once the case ends.

Chapter 13 is usually the better choice for homeowners who are behind but want to stay in their homes. It allows you to repay past-due amounts through a court-approved plan while keeping your property. You must have regular income to qualify. Chapter 13 can also fold other debts, such as car loans and tax balances, into the same monthly plan payment. Our lawyer can review your finances and help you decide which chapter fits your goals.

What Happens to Mortgage Arrears in a Chapter 13 Repayment Plan?

Mortgage arrears in a Chapter 13 repayment plan are spread out over the life of the plan, which lasts three to five years. After you file, your lender submits a proof of claim listing the amount you owe. This figure typically includes missed payments, late charges, and certain fees. Our lawyer can review the claim and challenge any charges that appear incorrect.

You then pay that past-due balance in monthly installments through the Chapter 13 trustee along with other debts that may be included in the plan. At the same time, you must keep up with your regular mortgage payments as they come due. Falling behind on those new payments can lead your lender to ask the court for permission to resume the foreclosure.

Near the end of your case, the trustee can file a notice stating that the arrears have been paid. Your lender must then respond and confirm whether your loan is current. This step helps protect you from surprise fees or claims after your case closes.

Can You Remove a Second Mortgage Through Chapter 13?

Removing a second mortgage through Chapter 13 may be possible in certain situations. This process is often called lien stripping. It applies when your home is worth less than the balance on your first mortgage. In that case, the second mortgage is not backed by any equity in the home. The court can treat it as unsecured debt instead.

Once a second mortgage is reclassified, it is paid alongside credit cards and medical bills. Unsecured creditors often receive only a portion of what they are owed. After you complete your plan and receive a discharge, the remaining balance on that loan can be wiped out and the lien removed from your property.

Meet With Our Kettering Foreclosure Defense Lawyer

Keeping your home may still be possible, even after months of missed payments. At The Law Office of Donald L. Bell, we help people explore Chapter 13 bankruptcy and find ways to protect their property. Contact our Kettering, MD foreclosure defense attorney or call 301-614-0535 to discuss your case. Free consultations are available for consumer cases.