Attorney for the Financially Stressed
Bankruptcy
What Is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who can not pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.
What Can Bankruptcy Do for Me?
Bankruptcy may make it possible for you to:
• Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
• Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
• Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
• Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
• Restore or prevent termination of utility service.
• Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
Foreclosure Defense
What is Foreclosure?
Foreclosure is when the lender takes possession of the loan’s collateral in order to sell it when the borrower cannot pay back. For example, the bank where you borrowed money to purchase the house, can take possession of the house when the mortgage is not paid.
Non-judicial foreclosure: Since the lender already owns the property, technically they can proceed to sell it. It is typical and usually required to give the borrower a Note of Default informing the borrower that he/she has a specified amount of time (usually 60 to 90 days) to repay the loan up to date before the lender can sell the house. After that time the lender can give a Note of Trustee informing the borrower that he/she indeed intends to sell the property (usually 21 days notice).
Judicial Foreclosure: In New York and New Jersey, we have a more formal and complex process for foreclosure, called "Judicial Foreclosure." In Judicial Foreclosure, the lender must sue the borrower in state court in order to proceed on the foreclosure of the property.
Causes of Foreclosure
- Failing to make payments
- Failing to pay for forced insurance: the borrower is forced to cover certain insurance costs.
- Failure to pay advances for payment of taxes: the mortgage company can advance the property taxes onto the mortgage.
Deficiency Judgments: If the sale of the collateral in foreclosure (usually a home) is not sufficient to pay the mortgage, the lender can charge the borrower the difference.
Proper help: Typically, a borrower dealing with foreclosure needs professional assistance. It is best to hire an attorney and not a consultant. Consultants often take money from the borrower and fail to deliver. It is most advantageous to find an experienced attorney who is familiar with the local court rules, processes and strategies in responding to foreclosure lawsuits.