Legal Question in Bankruptcy in Nevada

How do you avoid foreclosure

Mortgage is pastdue for 15 days and owner wants to file for foreclosure is this possible or can we file bankruptcy and keep the house


Asked on 1/15/05, 10:04 pm

1 Answer from Attorneys

You can avoid foreclosure!

You can avoid foreclosure in several ways. Each way to avoid foreclosure requires you to find a way to pay the mortgage and any of the penalties involved in the foreclosure process, which can be quite large.

In Bankruptcy, you may avoid foreclosure because you can delay the collection process in order to have hopefully enough time to catch up on your back mortgage payments. How much time can you get? Typically, in a Chapter 7, you get 90 - 120 days to catch up on the back payments, while in a Chapter 13, you can take up to 5 years to catch up on the back amounts. However, you must be able to make the ongoing payment as well as paying something on the back amount. Every situation is different, and this is only a general explaination of the time frames involved.

If your mortgage payment is only 15 days past due, I would be shocked to see your property go into foreclosure. It sounds more like the threats of an overly agressive collector, and under those circumstates, I would certainly ask to speak to a supervisor and write a letter of complaint to your mortgage company's attorney.

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Answered on 1/17/05, 1:08 pm


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