Sometimes people have to choose between filing bankruptcy or letting their mortgage lender foreclose on their property. Decision-making is not just a matter of yes or no, it is not that simple. A mortgage lender will file a foreclosure action when the homeowner has not paid his monthly mortgage payments. The best way to prevent this action would be to pay the holder of your mortgage. A mortgage loan can be compared to a car loan which if not paid back on time, the car could be repossessed. The same goes for anyone who has not paid his mortgage, the bank will foreclose on the house.
A legal action filed by somebody who is unable to pay his debts is called as bankruptcy. If the debtor is in bankruptcy then all the civil proceedings to collect debts are stopped. A mortgage lender must stop all legal actions, including foreclosure proceedings. The mortgage lender can apply for relief from the automatic stay. When it is granted, then the lender can proceed with the foreclosure. Declaring bankruptcy will not halt foreclosure and you still must repay your loan. Bankruptcy may make your financial problems easier to handle, but it will not make them completely go away.
Bankruptcy can help give a person the needed time, and sometimes make it easier to pay their mortgage lender. It will not, however, stop foreclosure should they still not be able to pay. Because of the fact that in a situation of bankruptcy, a mortgage lender will have to suspend a foreclosure action, the debtor has some time to raise the money and catch up. Discharging unsecured debts through bankruptcy may enable you to have more money to pay the mortgage payments.
If you have no other option, consider declaring bankruptcy to stop collections and give yourself time to get back on track. A Chapter 13 bankruptcy is a court ordered payment plan and allows a debtor to pay the mortgage catch up amount over a period of time.
Sadly, not every person will be eligible for bankruptcy, and even if they are found eligible, there are still legal costs. The legal costs and fees may be more than the amount needed to catch up and make current mortgage payments. If you are of the mind that declaring bankruptcy may benefit your situation and help you get out of a foreclosure, a good lawyer should be able to answer your questions. Bankruptcy is so detailed that you should not try to handle it by yourself.