Oakland, California Foreclosure Lawyer

The thought of losing your home is devastating and can take an emotional toll on you and your family. Luckily, you have options available to help you stay in your home. A couple options you may want to consider are to try to negotiate with your lender or filing a Chapter 13 bankruptcy.

Negotiating with Your Lender

You may want to first consider trying to negotiate with your lender to lower your monthly payment. You can start this process yourself by contacting your mortgage lender. Foreclosures are not good for anybody involved so sometimes the lender will be willing to negotiate. Let the lender know that you are committed to saving your home and let them know the situation you are in. You will need to know how much you can afford to pay each month before you call. The Department of Housing and Urban Development is a good resource to find out more information on negotiating with your lender. Their website is www.hud.gov.

Filing a Chapter 13 Bankruptcy can Save your Home

Another option to save you home, not known by many, is to file for bankruptcy. This option may especially be helpful if you have debt other than your mortgage that you need to get rid of such as: credit card debt, tax debt, medical bills, personal loans, pay day loans, etc. Getting out from under this debt may be what you need in order to keep up with your mortgage payments. A bankruptcy may also be able to get rid of a second mortgage, strip a property lien, and protect the equity in your home.

How it works:

When you fall behind on your mortgage the amount you are behind on are called arrears. Filing a Chapter 13 bankruptcy will stop the foreclosure process and allow you to pay back your arrears through a three to five year payment plan. You will also have to make your normal monthly mortgage payment in addition to paying back your arrears.

You may also be able to discharge a lot of your other unsecured debt. Sometimes in a chapter 13 you will have to pay back a small portion of the unsecured debt you owe through your plan. Because you are paying back a portion of your debt, a chapter 13 bankruptcy is better than a chapter 7 bankruptcy on your credit report.

How much your monthly plan payment will be depends on a few things such as how long your payment plan is and if you have debts that are not dischargeable in bankruptcy such as child support, alimony, student loans, etc. If you got in over your head with debt or your unstable financial situation was only temporary a Chapter 13 bankruptcy may be right for you to get back on track.

Contact the Law Offices of Melanie Tavare

Don’t let your home get foreclosed. If you want to stay in your home and are considering a bankruptcy, call my office today to speak to me directly at 510-255-4646 or email us. We always offer a free initial consultation.

The Law Offices of Melanie Tavare are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.