One of the biggest problems home owners may face is the unexpected loss of their residence. It’s after all what you put all your work into. So when your Georgia home faces foreclosure, how can you save it? Can you buy yourself time to get new shelter, save the home, or negotiate on the mortgage? By filing bankruptcy in Georgia, you can not only buy yourself time, but negotiate to save your home from foreclosure. This guide shows you how to file bankruptcy in Georgia to save your home.
How Georgia Bankruptcy Can Help
Once you get behind on mortgage payments, the lender has the option to start the foreclosure process. Unless you can negotiate, they can sell your house at a public auction to pay off your debts. This is the nightmare scenario, but there are many ways around it.
The best news is you have time. The foreclosure process in Georgia, as in all other states, takes months. If you choose to file bankruptcy, that will buy you even more time. Chapter 7 bankruptcy is for those who know they cannot save their home and need time to find a new residence; it will typically buy you several months. Georgia Chapter 13 bankruptcy, on the other hand, is your best choice if you believe you can save your home from foreclosure. How? The court will issue the “Order of Relief” which includes an automatic stay. This process in essence stops creditors from collecting against you, and even better, will postpone any sale.
Let’s go over the basic rules of the automatic stay.
Automatic Stay
You can typically expect 3-4 months of extra time if you file for Chapter 7 or Chapter 13 bankruptcy in Georgia. That’s plenty of time to decide what your best options are. However, the creditors still have options. It’s wise to find a professional Georgia bankruptcy attorney to help you through the next steps.
The creditors have the option to submit a motion to lift the stay. This means they can foreclose and sell your home several months earlier. You typically still get about 2 months of time to deal with the situation. Also, you want to make sure you file for Chapter 7 or Chapter 13 bankruptcy in Georgia as soon as possible, because the longer you wait the shorter time frame the court will delay the foreclosure. If a foreclosure process was started, and you wait over 2 months to file with the courts, the creditors have the option to only wait a month before selling the home.
Georgia Chapter 7 and 13 Bankruptcy Help
It’s clear there are a lot of technical details in the process. Your best choice is to immediately find a Georgia bankruptcy attorney who can go over these options with you. For some, filing Georgia Chapter 7 bankruptcy may be wise, canceling debts. But if you want to fight for your home, a Georgia bankruptcy attorney can help you successfully file Chapter 13 bankruptcy.
