Mortgage Foreclosure | Secured Debts
Amherst/Northampton Mortgage Foreclosure Attorneys
Bankruptcy Lawyers: Hampshire, Franklin, Hampden and Berkshire Counties
I’ve represented many clients who filed for bankruptcy in order to keep their houses out of mortgage foreclosure due to loan payment defaults. If your mortgage is in serious default, or if your lender has begun the mortgage foreclosure process, contact the Hampshire County home mortgage bankruptcy attorneys at the Law Office of David J. Noonan in Northampton.
If you’re concerned about an upcoming mortgage foreclosure sale in or near Hampshire County, call us at Law Office of David J. Noonan without delay. The sooner the better; my early involvement will be in your best interests. Once the foreclosure sale has taken place, there’s very little I can do to help you keep your house. Law Office of David J. Noonan serves clients throughout central and Western Massachusetts, including Hampshire, Franklin, Hampden, Berkshire and Worcester.
Secured Debts in a Bankruptcy: House Loans and Car Loans
Secured debts — whether residential or commercial mortgages, car loans, or any other debt secured by collateral — are generally not dischargeable in bankruptcy, except when defects in the mortgage or security agreement are identified during the bankruptcy case. That doesn’t happen too often.
Filing bankruptcy gives you temporary relief from foreclosure or repossession proceedings. The automatic stay of bankruptcy prevents the secured creditor or mortgage holder from taking immediate action on its claim. However, the creditor can apply for bankruptcy court permission to repossess or foreclose on the collateral. More often, however especially in a Chapter 13 bankruptcy case, I can negotiate with your mortgage company to keep you in your house, and pay off the defaulted amounts over three to five years in the Chapter 13 plan. Even in a Chapter 7 case, if you have a regular income, I can arrange for a reaffirmation agreement with the mortgage holder to avoid the loss of your home.
Bankruptcy issues concerning secured claims, collateral values, and even disputes between secured creditors competing over the same collateral can get very complicated. For reliable advice about your particular circumstances, contact the Western Massachusetts home mortgage foreclosure lawyers at Law Office of David J. Noonan.
I am a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code.