Legal Question in Bankruptcy in Kentucky

If I am $40.00 short of the money to catch me mortgage up to stop foreclose and I send all but the $40.00 can they still foreclose my lender want answer my question he just keeps trying to remind me I am going to lose my home I have $800.00 of the payment and it is $840.00


Asked on 11/30/15, 9:12 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

They can pursue foreclosure once the underlying loan agreement and mortgage agreement have been defaulted upon. So, yes, they can proceed. the question is whether they are likely to do so. In my experience, most lenders will not proceed with a foreclosure under such conditions, but I also do not know the payment history and issues involved in your matter. So, the answer is that yes, they can proceed.

You may want to consider Chapter 13 bankruptcy in order to be sure that you have a chance at curing the mortgage shortfall and keeping your home. Find a bankruptcy attorney, such as myself, who can help with that.

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Answered on 12/01/15, 6:32 am


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