Tag: Chapter 13

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Nassau County Foreclosure Defense

Nassau County Foreclosure Defense cases have several steps.  Knowing the procedure of the foreclosure case can dictate which steps should be taken at any particular moment throughout the course of the litigation.  The following is a quick summary of the options that may be available in a Nassau County Foreclosure Defense case after the summons […]


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Short Sale a Must?

Short Sale I already modified my mortgage, but because of new circumstances I am late again. Must I Short Sale my home now? Not necessarily. You may be able to get another loan modification based on your “new circumstances.” The HAMP guidelines were recently changed to address this situation. Homeowners who have defaulted on a […]


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Mortgage Forgiveness and Bankruptcy

Mortgage Forgiveness and Bankruptcy Bank of America mortgage forgiveness and bankruptcy Recently we have written about Bank of America forgiving second mortgages and the National Mortgage Servicer Settlement. Many homeowners facing foreclosure are anxious to find out if their second mortgage will be forgiven by Bank of America. Well, it appears that one pattern may have emerged. […]


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Facing foreclosure, should I consider bankruptcy?

Yes. Why? Because the longer you wait to file bankruptcy, the more difficult it may be to save your home. But the bank might modify my mortgage. Sure, but what if the bank doesn’t modify your mortgage. While you wait for a potential loan modification – your mortgage arrears and the interest are piling up. […]


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Stop paying my second mortgage?

Can you stop paying your second mortgage? Sure. Should you stop paying your second mortgage? Maybe not. The prevailing theory is that if your home is worth less than what you owe on your 1st mortgage it is highly unlikely that the holder of your 2nd mortgage will bring a foreclosure action against you. Well, […]


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Q & A: How Can I Use My Ch. 7 Bankruptcy to Avoid Foreclosure?

Bank won’t modify my mortgage, how can I use the chapter 7 bankruptcy I just filed to avoid foreclosure? The following are “some” of the things you can do to avoid foreclosure if you just filed a chapter 7 bankruptcy: “Maybe” filing a “chapter 20” bankruptcy, which is a chapter 7 followed by a chapter 13, will help you. […]


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Filing Bankruptcy To Save Your Home From Foreclosure

Filing Bankruptcy to Save Your Home:  CHAPTER 7 Bankruptcy Will filing a chapter 7 bankruptcy save my home from foreclosure? Probably not. If you are facing foreclosure you have likely missed a few mortgage payments. Chapter 7 does not allow you to make up your missed payments over time. However, the “automatic stay” may delay […]


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Facing Foreclosure

I’m facing foreclosure, What can I do? Some of your options: 1. Do something: -Call your  lender and try to arrange a Loan Modification, Refinance, short sale, or Deed-in-Lieu of foreclosure. -Loan Modification- A Loan Modification is a permanent/temporary change in one or more of the terms of your mortgage loan. Ideally, this will result […]


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