When the first of the month comes, and you do not have the funds to make your mortgage payment it is a difficult time. But missing a mortgage payment can happen to any home owner. At any time unexpected expenses can arise. Perhaps you or your spouse lost a job, reducing your household income in half. Or, you had to make an emergency trip up north to attend a memorial service. Maybe your child had an emergency that created thousands of dollars in medical bills.
When you miss one payment, it becomes difficult to catch up that payment while making your current payment, too. This can lead to penalty fees, and for many, it leads to many months of missed mortgage payments.
We understand that falling behind on your mortgage is emotionally taxing. We understand you’re afraid you will lose your home. We’re here to help. You have options that will help you make up those missed mortgage payments and save your home from foreclosure. Filing for Chapter 13 bankruptcy might be the solution for you and your family.
Chapter 13 bankruptcy empowers you to catch up on your missed mortgage payments.
How Chapter 13 Bankruptcy Helps You Catch Up On Missed Mortgage Payments
Chapter 13 bankruptcy sets up a three to five year repayment plan to help you repay some or all of your debt. Your mortgage arrears (the amount you are behind on your mortgage) are included in the repayment plan. Each month you make a payment to the Bankruptcy Trustee assigned to your case, then he or she distributes those payments to your mortgage lender and other creditors you owe money.
The ins and outs of Chapter 13 can be complicated. Here at the Law Offices of Barbara B. Braziel we’ve filed thousands of successful Chapter 13 bankruptcy cases over the past 30 years. Call us right now (912) 351-9000 to schedule a free consultation.
Additional Benefits to Homeowners Who File Chapter 13 Bankruptcy: Eliminate A Second Mortgage
In addition to catching up on mortgage arrears, you may also be eligible to eliminate a second mortgage. Eliminating a second mortgage is called a “lien strip.” This is literally stripping away a lien on your house, so that you are no longer liable to pay back the debt. Lien strips can only be applied to houses with two or more mortgages, with a first mortgage that is under water.
An underwater mortgage means that the current fair market value of the house is worth less than the amount owed on it. The following illustrates when a lien strip is possible:
Current fair market value of the property: $100,000
Amount owed on the first mortgage: $125,000
Amount owed on the second mortgage: $50,000
Under these facts the home is considered under water because the value of the home is $100,000, which is $25,000 less than the amount owed on the first mortgage. In this case, a lien strip of the $50,000 second mortgage would be possible at the conclusion of the Chapter 13 repayment plan.
This means the homeowner would not have to pay back the $50,000 second mortgage, and once the first mortgage of $125,000 is paid off in full, the homeowner would own the house free and clear.
Chapter 13 Bankruptcy Is A Powerful Tool for Homeowners
Have you fallen behind on your mortgage payments? Are you facing a foreclosure of your home? Is your house underwater? If so, Chapter 13 bankruptcy may be the tool to save your home and give you the financial freedom that you need.
If you have fallen being on your mortgage payment, we are here to help. Together we will explore your options. Contact us today to schedule a free consultation.
The Law Offices of Barbara B. Braziel proudly serve people in Savannah, GA and the surrounding areas.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.
