Bankruptcy Stop Foreclosure

If you are a homeowner that is facing financial crisis and fears that you might be at risk for losing your home, you may be wondering whether bankruptcy will stop foreclosure. Although applicable laws differ from state to state, the short answer is that bankruptcy can help delay or halt foreclosure proceedings in some cases. If you have already made a good faith effort to get caught up on your payments and work out a compromise with your lender to no avail, it may be time to consider the possibility of seeking advice from a qualified bankruptcy attorney in your area. When you file bankruptcy, one of the first results will be a court-issued stay that will halt all other legal processes that involve claims on your assets or properties, including foreclosure proceedings. This is done so that the court can consider your entire financial situation in the course of formalizing the bankruptcy proceedings. However, this often results in only a three to four month delay in the foreclosure process. Also, in some cases, the lender can file legal motions that override the stay. Although bankruptcy can help delay the pace at which foreclosure proceedings move forward, they can only help bring about a permanent end to the process if you are prepared to continue making payments while also paying off missed payments and late fees.

Fast Facts

  • Although certain types of bankruptcy procedures can bring foreclosure to a halt, this is often only a temporary measure.
  • In some cases, the negative credit effects of bankruptcy may outlast those associated with foreclosure.

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